[askasmartassgal]

My family lives in Missouri. Our uncle died a few years ago and his wife proceeded him in death and they never made a will. His wife had one son (not his), he had children outside of the marriage, they owned a nice piece of land with a 2 family flat and a lot attached. Now my eldest brother lived with my uncle when he died so the family just let things stay the way they were, but now the city is threating to take the property because of repairs. My brother has been living on the first floor and his daughter and her family have been residing on the 2nd level, she wants the property for herself but my siblings and I would like to keep it as a community property for the family. My uncle has two siblings left who do not want ownership, so to my understanding it falls down to the children, is there any way that we can hold on to this property without going through probate? My niece say's that if she can't get it she's going to put a lien on the property because she's been paying the taxes and the sewer bill, but I don't think she can--is this legal since she's been living in the house for over 5 years rent free.:confused:

[ebaines]

Assuming that the property was titled to your uncle, or perhaps both your uncle and aunt with right of survivorship, that means that when your aunt died the property became solely your uncle's. Now when the uncle died without a will, the property passed to his children (in MO if you die without a will and have no living spouse all assets go the children - siblings don't get anything unless there are no children). These children have no obligation that requires them to house your brother and his family. As for probate - is the property still titled in your late uncle's name, or your uncle and aunt? If so, the only way to get the title changed is through probate - that's the process where the court affirms who the new rightful heirs are, which as I said is most likely your uncle's children.