• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mom's will and trust what happens when she lives with a man.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

skf53

Guest
What is the name of your state? My mother has a will and trust. she also assigned an executor. My question is, Mom was living with a man and their house was in both of their names. We kids were told in Missouri he has rights of survivorship. What about all of her property in the home. He didn't purchase one stick of furniture, one glass, one cup, one chair or anything. Our mother stated in her will everything wwas to be divided amoung her kids and now we are unable to get all of her proverty from this home. This is in the State of Missouri. Thanks from her Only daughter
 


ALawyer

Senior Member
Who gets what rights in the home depends on EXACTLY how the title was held. If it was hekd as joint tenants with right of survivorship, it is HIS now, and if it was merely as tenants in common, her estate owns half, and if it was as tenants in common with a life estate to the survivor, then he gets to live there or otherwise use it for his life, but has to maintain it for his life too.

As to who gets the rest of her non-real estate assets that depends on how the particular item of property was held, such as solely in her name, in an account with a beneficiary designation, or in her Living Trust -- in which case it depends on what the Trust provides. For the stuff purely in her name, what the Will provides controls, and the executor named in the Will has significant authority.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top