Can Son’s Stepmother Take Away Property That Was Deeded to Them By Deceased Father?

Share the Knowledge!

“Property in the State of Missouri was deeded to sons one year before father’s remarriage, using a general warranty deed, now the widow wants the property. Can she do this? She owns two other homes from other marriages and one from the marriage to the sons’ father so she does not need these properties to live on.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The deeds were properly recorded with the recorder of deeds in the correct county and the sons have been paying the property taxes for the last three years on these properties. Their father passed away in 2010.”

If, as you stated, the father properly conveyed the property to his sons before he was married and before he died, then the widow shouldn’t have any legal claim to it. The sons took possession of the property before his marriage and before his death, so the only way it seems the widow would have any claim on the property is through some type of agreement with the sons (which is doesn’t sound like there is). Even if the father had included the property for his widow in his will, he can’t give away something in his will that he no longer owns.

Is the widow using a lawyer to come after the property? If so, the communications from her lawyer should state her theory of ownership, which would help you understand whether there is anything else going on with the property. Also, if the widow is using an attorney, the sons should consult with their own attorney to protect their property interests.

Share the Knowledge!

Author: House Attorney

A house attorney has answered this question.