Expert: Dick Dennis - 7/10/2007

Question
My grandfather (deceased) willed his residence to his 3rd wife and his 3 daughters in the following manner; His wife received 1/2 ownership with a living estate clause and each daughter received 1/3 share of the remaining 1/2 equaling a 1/6 share each. My mother passed away in 2004 and her share was automatically transferred to her childern(4) as stipulated in grandfathers will, and of which, I am one. His wife was placed in a nursing home last year and she relinquished her estate and share of the property to my Aunts via quitclaim deed. The property I believe is still listed in his name (Etal) and I am trying to find out how to have it retitled to specify who etal is and to what percentage does each party have title....
The spirit of his will was for each of his daughters to be entitled to an equal 1/3 share of the property upon the death of his surviving wife. There is no quarrel regarding this issue at present but I would like to make sure that it is spelled out legally to avoid any future problems. My concern is that somewhere down the line one or both Aunts may attempt to claim that they own 1/4 + 1/6 of the property and us kids(4) only own 1/6 since my mother wasn't represented on the quitclaim for the wife’s' 1/2 interest in the property. Any suggestions on where I can find answers to my questions and get the title legally clarified would be greatly appreciated. The property is located in MO. and I live in WI.


Answer
You have only one smart choice, Todd. Contact a good real estate attorney down in MO and lay out your concern. If you want to make sure no hanky-panky transpires, damn the cost if you want to make sure it is done correctly. This is more of a legal matter than real estate. I do wish you well.

Dick Dennis