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.
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.
Estate Assets and Debts: Transferring a Deceased Parent's Property Without a Will, With Title Complications
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