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Property Ownership After Death
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In Missouri, property ownership outcomes depend on the deed type. Joint Tenancy with Right of Survivorship means the surviving owner inherits the share. Tenancy in Common means the deceaseds share goes to their estate. Selling a share usually converts joint tenancy to tenancy in common. An estate can go into probate if held as tenancy in common. To avoid this, consider a revocable living trust. Selling a share in joint tenancy requires all tenants consent, while tenancy in common does not.Full Conversation
Yes
To check the type of ownership on your deed, follow these steps:
- **Locate the Deed:** Find the original deed document.
- **Review the Language:** Look for phrases like "joint tenants with right of survivorship" or "tenants in common."
- **Contact a Title Company or Attorney:** If the language is unclear, they can help interpret it.
Would you like information on how to contact a local title company or attorney in Missouri?
- **Locate the Deed:** Find the original deed document.
- **Review the Language:** Look for phrases like "joint tenants with right of survivorship" or "tenants in common."
- **Contact a Title Company or Attorney:** If the language is unclear, they can help interpret it.
Would you like information on how to contact a local title company or attorney in Missouri?
What happens if one of them sale their half before they die
If one co-owner sells their half before they die, the outcome depends on the type of ownership:
- **Joint Tenancy with Right of Survivorship:** Selling their share typically converts the ownership to Tenancy in Common.
- **Tenancy in Common:** The new owner becomes a tenant in common with the remaining original owner.
Where in Missouri are you located? This will help me provide contact information for local legal assistance.
- **Joint Tenancy with Right of Survivorship:** Selling their share typically converts the ownership to Tenancy in Common.
- **Tenancy in Common:** The new owner becomes a tenant in common with the remaining original owner.
Where in Missouri are you located? This will help me provide contact information for local legal assistance.
Ripley county
~Ripley County Recorder of Deeds
Phone: (*) *-*
Address: * Courthouse Square, Doniphan, MO *
Website: www.ripleycounty.org
Phone: (*) *-*
Address: * Courthouse Square, Doniphan, MO *
Website: www.ripleycounty.org
Would you like assistance with finding a local attorney or title company in Ripley County?
No
Is there anything else you would like to know about property ownership or any other legal matter in Missouri?
What happens to the deed after the original co owner dies after the one half is sold
In your case, once one co-owner sells their half and subsequently passes away, the situation depends on the type of ownership:
- **Joint Tenancy with Right of Survivorship:** The sale typically converts the ownership to Tenancy in Common. The deceased owner's share does not automatically go to the surviving owner.
- **Tenancy in Common:** The deceased owner's remaining interest in the property goes to their estate.
Would you like more information on how this process works in practice or any other related legal matter?
- **Joint Tenancy with Right of Survivorship:** The sale typically converts the ownership to Tenancy in Common. The deceased owner's share does not automatically go to the surviving owner.
- **Tenancy in Common:** The deceased owner's remaining interest in the property goes to their estate.
Would you like more information on how this process works in practice or any other related legal matter?
Yes
In practice, here’s how the process works:
- **Joint Tenancy with Right of Survivorship:** After converting to Tenancy in Common due to a sale, the deceased owner’s share is managed by their estate.
- **Tenancy in Common:** The deceased owner's interest is distributed according to their will or state intestacy laws.
Would you like information on the probate process in Missouri?
- **Joint Tenancy with Right of Survivorship:** After converting to Tenancy in Common due to a sale, the deceased owner’s share is managed by their estate.
- **Tenancy in Common:** The deceased owner's interest is distributed according to their will or state intestacy laws.
Would you like information on the probate process in Missouri?
Can a estate go into probate being converted to a tenancy in common
Yes, an estate can go into probate if the property is held as Tenancy in Common. In Missouri:
- The deceased owner's share of the property becomes part of their estate.
- The share is then distributed according to their will or state intestacy laws.
Would you like more information on the steps involved in the probate process in Missouri?
- The deceased owner's share of the property becomes part of their estate.
- The share is then distributed according to their will or state intestacy laws.
Would you like more information on the steps involved in the probate process in Missouri?
Yes
Steps Involved in the Probate Process in Missouri:
*. **Filing the Petition:** A petition to open probate is filed in the local probate court.
*. **Appointing an Executor:** The court appoints an executor or administrator.
*. **Inventory of Assets:** The executor compiles an inventory of the deceased's assets.
*. **Notifying Creditors:** Creditors are notified and given time to file claims.
*. **Paying Debts and Taxes:** Outstanding debts and taxes are paid from the estate.
*. **Distributing the Estate:** Remaining assets are distributed to the beneficiaries according to the will or state laws.
Would you like details on how to start this process in Ripley County?
*. **Filing the Petition:** A petition to open probate is filed in the local probate court.
*. **Appointing an Executor:** The court appoints an executor or administrator.
*. **Inventory of Assets:** The executor compiles an inventory of the deceased's assets.
*. **Notifying Creditors:** Creditors are notified and given time to file claims.
*. **Paying Debts and Taxes:** Outstanding debts and taxes are paid from the estate.
*. **Distributing the Estate:** Remaining assets are distributed to the beneficiaries according to the will or state laws.
Would you like details on how to start this process in Ripley County?
What if the deed is joint tenancy and one of them put it to their hair name
If a deed is held in joint tenancy and one of the co-owners transfers their share to their heir, it typically changes the ownership structure:
- **Joint Tenancy with Right of Survivorship:** Transferring a share to an heir usually converts the ownership to Tenancy in Common.
- **Tenancy in Common:** The heir becomes a tenant in common with the remaining original owner.
Would you like more information on how to make such a transfer or any related legal matter?
- **Joint Tenancy with Right of Survivorship:** Transferring a share to an heir usually converts the ownership to Tenancy in Common.
- **Tenancy in Common:** The heir becomes a tenant in common with the remaining original owner.
Would you like more information on how to make such a transfer or any related legal matter?
How do I keep it from transferring to a tenancy in common
To keep the property from transferring to a tenancy in common when one co-owner transfers their share, you can consider the following option:
- **Revocable Living Trust:** Both co-owners can place their shares into a revocable living trust, specifying joint tenancy with right of survivorship terms. This avoids changing ownership structure upon transfer.
Would you like more information on setting up a revocable living trust in Missouri?
- **Revocable Living Trust:** Both co-owners can place their shares into a revocable living trust, specifying joint tenancy with right of survivorship terms. This avoids changing ownership structure upon transfer.
Would you like more information on setting up a revocable living trust in Missouri?
No
Is there any other legal matter or specific question you have regarding property ownership or another legal topic in Missouri?
To sell ones share of the equity does the other tenant have to know
In Missouri, whether the other tenant needs to be informed about the sale of one’s share depends on the type of ownership:
- **Joint Tenancy with Right of Survivorship:** Selling a share typically requires the consent of all joint tenants.
- **Tenancy in Common:** One tenant can sell their share without the other’s consent, but informing the co-tenant is recommended.
Is there any other aspect of property ownership or another legal topic you need assistance with?
- **Joint Tenancy with Right of Survivorship:** Selling a share typically requires the consent of all joint tenants.
- **Tenancy in Common:** One tenant can sell their share without the other’s consent, but informing the co-tenant is recommended.
Is there any other aspect of property ownership or another legal topic you need assistance with?