Encumbrance does not revoke devise
When someone puts a loan or debt on their property (like a mortgage), that does not cancel out their will. If a person leaves property to someone in their will, and that property has a loan on it, the person who gets the property usually has to deal with that loan too. But if the loan was taken out after the will was written, the person who gets the property does not have to pay off that loan — it gets paid from the rest of the estate instead — unless there are signs the original owner wanted the property itself to cover the debt.
474.450. does not — exoneration, when. — 1. A charge or encumbrance upon any , for the purpose of securing the payment of money or the performance of any or agreement, is not a of any will, relating to the same property, previously .
2. When any property is and at the time of the 's death is subject to a mortgage, , or other created prior to the or created by a mortgage, pledge, or other lien executed after the execution of the will as a renewal, or extension, or refinancing of the debt created prior to the execution of the will, the shall take the property so subject to the charge or encumbrance unless the will provides expressly or by necessary implication that such mortgage be otherwise paid, but if the mortgage, pledge or other lien was created after the execution of the will the devisee shall take the property from the encumbrance unless it appears from the terms of the loan agreement or from the circumstances surrounding the loan transaction that the testator intended that the encumbrance should be paid out of the encumbered property rather than from his .
(RSMo 1939 § 524, A.L. 1955 p. 385 § 274)
Prior revisions: 1929 § 523; 1919 § 512; 1909 § 542
Redemption of encumbered property, 473.287, 473.387
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.