Authors: Jesse J. Richardson, Jr. and Paul Goeringer
A recent Missouri case provides an important reminder of the importance of how property is titled and the implications of attempting to change the titling of property. The story in Sielert v. Sielert, 737 S.W.3d 210 (Mo. Ct. App. 2026) begins with brothers Loren, Brian, and David Sielert receiving title to the family farm from their mother as joint tenants with the right of survivorship. With a joint tenancy, the ownership interest in a deceased co-owner passes to the other co-owners equally. In this case, Loren and David passed away, and Brian claimed sole ownership of the farm.
However, prior to his death, Loren recorded a beneficiary deed (also called transfer on death deed) that conveyed his interest to his son, Jordan, and recited that the deed severed the joint tenancy with right of survivorship and converted Loren’s interest to a tenancy in common. A tenancy in common is the other major way that multiple landowners can hold property. In a tenancy in common, the ownership interest held by a deceased owner passes to their heirs or under their will. In this case, if Loren held his 1/3 interest as a tenant in common, that 1/3 interest would pass to his son Jordan.
Therefore, the question in this case was whether Brian held a 100% interest in the farm or whether Brian owned a 2/3 interest and his nephew Jordan a 1/3 interest. Brian filed suit against his nephew, claiming 100% ownership interest.
A co-owner may sever a joint tenancy with right of survivorship by conveying their interest. The rules are fairly complex, so you should consult with an attorney if you have specific questions. However, a beneficiary deed conveys the property at the death of the grantor (in this case, Loren). The language in the beneficiary deed purporting to sever the joint tenancy was not enough to sever the joint tenancy. The court found that at Loren’s death, his interest in the property instantaneously went to the surviving joint tenants. Therefore, there was nothing left for the beneficiary deed to convey. Brian owns 100% of the family farm.
This case reminds us of the importance of the way property is titled. If Mom wanted the last survivor of her three children to own the family farm, the joint tenancy with right of survivorship would accomplish that goal. However, any of the three children could thwart that goal by conveying the property and severing the joint tenancy. This case also illustrates the limitations of conventional forms of property ownership. Mom perhaps should have formed a limited liability and included agreements to ensure that her goals were accomplished. The case also teaches important concepts about a beneficiary (or transfer on death) deed. These deeds allow a property owner to retain ownership until their death and convey the property without going through probate. However, like any other legal document, you should consult with an attorney and give the matter considerable thought before using that tool. Ironically, it appears that Loren consulted an attorney, but the attorney did not completely understand the nature of a beneficiary deed. The bottom line is that estate and transition planning is complex and involves difficult family dynamics. Every step should be well thought out and discussed with the family and an attorney.
Recommended citation format: Richardson, Jr., Jesse J., and Paul Goeringer. “The Importance of Titling of Property.” Southern Ag Today 6(35.5). August 28, 2026. Permalink
