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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33769
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in Missouri and I am the renter/caretaker of a home

Customer Question

I live in Missouri and I am the renter/caretaker of a home that was tied up in probate which has been settled now. My question is I have lived here for 3 1/2 years and the new owner says the agreement I had with the owner that passed away is void. I need to know what my legal rights are
Submitted: 19 days ago.
Category: Legal
Expert:  Barrister replied 19 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has the house actually been transferred out of the estate to a new owner or is it still in the deceased's name?

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Have you received any written notice to vacate?

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If so, who gave it to you?

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thanks

Barrister

Customer: replied 19 days ago.
I am not sure if it's been transferred. It was settled 2 weeks ago The deceased was the son and his mother passed and then the rest of the family protested the will and it went into probate. No he hasn't given me notice to move. He said the contract I have was void when that person passed in April of this year. I just need to know where I stand cuz he is coming out here today.
Expert:  Barrister replied 19 days ago.

Ok, did you have a written contract with the deceased or was this all verbal?

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What were the terms...you maintain the place and get to live there for doing so for your labor?

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And it is the son who told you this, correct? or someone else? (You said the deceased was the son above, so I am a little confused)

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thanks

Barrister

Customer: replied 19 days ago.
The original death was ethel sims the it went to her son edgar he passed in april of this year and the new owner is the grandson of ethel sims He is the one that threw it in to probate. Yes I have it in writing and I pay $100 a month and any repairs.
Expert:  Barrister replied 19 days ago.

Ok, so how long is the contract good for? Does it have a specific fixed term like 5 years, ten years, etc.?

Customer: replied 19 days ago.
No term just states that I'm renting this property
Customer: replied 19 days ago.
I have lived here for 3 1/2 yrs
Expert:  Barrister replied 19 days ago.

Thank you for that information. Unfortunately, if there is no set duration of the contract, then legally it is considered a month to month tenancy and either party can terminate it with a one month notice. So that means that the grandson could give you a notice as soon as the property is legally deeded over to his name as he would then be your landlord.

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You would then have a month to move out or he could then file an eviction action in court to get a judgement and a writ that the sheriff would execute to force you to move. This takes about another 3-4 weeks after the notice expires.

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So if the grandson wants to terminate and evict, it will take him around 2 months to do so.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 19 days ago.
I thought if I lived here more than a year I had 60 days to move. I don't want a big deal over this I plan to move I just wanted to know my legal rights
Expert:  Barrister replied 19 days ago.

Sorry, but no, the law just required a one month notice as you are under a "tenancy at will" since there is no set duration. See MO. Revised Statutes § 441.060

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thanks

Barrister

Customer: replied 19 days ago.
Thank you
Expert:  Barrister replied 19 days ago.

You are very welcome. Happy to help any time, even if the news wasn't great...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister

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