50/50 split inherited real estate in Missouri

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50/50 split inherited real estate in Missouri

My brother I inherited real estate property in Missouri from our deceased father with each owning a 50 share. If either of us die does the surviving brother then own 100 of the property since it was inherited or do the deceased brother’s heirs receive his 50 share.

Asked on July 16, 2017 under Real Estate Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Assuming that the property is now in both of your names, then the deed will determine just who gets the property in the event of a death. If the title reads your names followed by the words, "joint tenants with rights of survivorship", then upon the death of one owner, the other owner will become 100% vested in ownership of the property. If such language is not on the deed, then the deceased brother's share goes into their estate and it will be distributed accordingly. If the property is still in your father's name and one of you should die, then the deceased brother's share passes to their estate.


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