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  1. #1

    Default Transferring a Deceased Parent's Property Without a Will, With Title Complications

    My question involves real estate located in the State of: Missouri

    I have a bit of a situation that has become quite complicated, and I have been completely unable to make any headway the past few weeks.

    In October of 2014, my father passed away, divorced and without a will or any other guidelines for the separation of his assets which included 2 separate 3 ac plots of land in SE Missouri and a mobile home that is on the property which I grew up in. Once I started the process of having the deeds transferred to myself and my 3rd sister, which was his intention, I discovered that his 2nd ex-wife's name was on them as well despite them having divorced around 88'.

    I contacted his ex-wife and was told that she would go forward with submitting a quickclaim deed to transfer the properties into her name, so that she could transfer them to my sister and I. After she contacted an attorney, I was told that in order for my father's name to be removed and for his ex-wife to be able to transfer the properties, his 2 daughters from his first marriage, his daughter from his second marriage, and myself would all have to sign off on the transfer. This presents a problem as his oldest daughter has an interest in the property despite having never even seen it.

    Also, I was told that there is a $22,000 lien on the properties from a mobile home purchase around 83', of which the mobile home was repossessed, and that this lien would need to be satisfied before a transfer could be possible. The lien is through Madison County Bank which failed in 1992, and through several purchases ended up as part of Commerce Bank.

    After some digging at the county courthouse, I was told that there is no record of a lien on the deed, through the assessor's office or the court clerk. However, the local title company affirmed that there IS a pending lien from Madison County Bank. Also, Commerce Bank has no records of any sort from the purchase of Madison County Bank, and no record of any lien pertinent to my father or the properties.

    I'm honestly at a loss here, and am just looking for some advice before I spend even more money on an attorney to sort this all out. My fiance and I are currently remodeling the mobile home and intent to move there later this year, so we are trying desperately to sort this all out. Thank you in advance for any advice.

  2. #2
    Join Date
    Mar 2013
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    18,150

    Default Re: Transferring a Deceased Parent's Property Without a Will, With Title Complication

    Sorry, but you are going to need a probate lawyer or a real estate lawyer or both to sort this out.

    For one thing, it appears that the ex-wife has an agenda here as her suggested procedure is not the way it's done.

    As joint owner with your father all she needs is to quitclaim her interest to your father which will make the entire property part of his estate.

    Then, since he died without a will, the estate (the property or the value of the property) will have to be divided between all of his heirs which means you share it with the 3 of his daughters. You don't get the whole thing if that's what your goal was.

    I suggest that you stop putting money into the mobile home or the property until to decide to do it right and get a lawyer.

    You will also probably have to sell part of the estate's assets to clear the lien because it won't go away by itself.

    You're right, it's complicated. My condolences for your loss but your father did a piss poor job of estate planning and left you a god awful mess that is going to cost you many thousands in attorney fees, maybe more than ten thousand to straighten it all out.

    The alternative is to abandon the property and wash your hands of the whole mess.

  3. #3

    Default Re: Transferring a Deceased Parent's Property Without a Will, With Title Complication

    Thanks for the info, I was pretty unclear on how everything would have to proceed. Definitely sounds like this is going to turn into quite the headache. I will be contacting an attorney this coming week to sort out my options. One questions I did have, however. This past month, I paid the 1 years worth of taxes to prevent the property from going to auction. If I were to skip paying the taxes next year and allow it to go to auction, could I theoretically purchase the property back for the cost of all of the back taxes? Obviously I would have to wait the 1 year redemption period, but after that it would be mine free and clear, correct?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,150

    Default Re: Transferring a Deceased Parent's Property Without a Will, With Title Complication

    Quote Quoting Gokussj5okazu
    View Post
    One questions I did have, however. This past month, I paid the 1 years worth of taxes to prevent the property from going to auction. If I were to skip paying the taxes next year and allow it to go to auction, could I theoretically purchase the property back for the cost of all of the back taxes? Obviously I would have to wait the 1 year redemption period, but after that it would be mine free and clear, correct?
    You would have to carefully study your tax sale laws to make sure a tax sale wipes out all liens. I don't know the answer to that. But if it does then, yes, you would have the same right as anybody else to bid on it.

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