Legal Question in Family Law in Mississippi
Brother deceased, who gets his half?
My husband {NOW 37} had one brother who died at age 16. Their parents divorced years ago, and my father in law left his half of the house they owned to his two boys in the event that it was ever sold. Now, years later, mother in law IS selling the house and told my husband she would be giving him ''his part''. SO, who gets the deceased brothers? Since their father intended on his children getting what would have been his half, shouldn't my husband get his brothers? Just wondering...Since the death of the brother was'nt an expected thing, it seems that any benefits left to the kids by their father would'nt end up with the ex. That was the father in laws intentions to begin with, to NOT have her benefit from his half. This was the reason he left it to his children, and now there is just my husband.
2 Answers from Attorneys
Re: Brother deceased, who gets his half?
You need to look to the will to see what happens to the property if one beneficiary predeceases the testator.
Re: Brother deceased, who gets his half?
The divorce may or may not have severed a joint tenancy between your mother-in-law and your deceased father-in-law. If it has severed the jointness and the will is silent about who gets the deceased brother's share in the event he predeceased your father-in-law, your husband should get one-half of the house if he is his father's sole heir and he does not release his interest back to his mother.
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