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 — , 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 , relating to the same property, previously .
2. When any property is and at the time of the 's death is subject to a , , 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 that the testator intended that the encumbrance should be paid out of the rather than from his .
(RSMo 1939 § 524, A.L. 1955 p. 385 § 274)
Prior revisions: 1929 § 523; 1919 § 512; 1909 § 542
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Related Missouri laws
Devisee who does not survive testator by 120 hours treated as predeceasing testator
RSMo 474.455
Bond to convey does not revoke devise
RSMo 474.440
Testator surviving devisee, effect
RSMo 474.460
Exchange of securities not to adeem specific legacy
RSMo 474.463
Class gift terminology includes certain persons and relationships, how determined
RSMo 474.435
Failure of devise to become part of residue
RSMo 474.465
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.