Legal Question in Real Estate Law in Mississippi

Property Ownership

What rights does the children of deceased parents have after no will was made? The nephew says that the property was left to him and he has since transferred ownership to his mother (one of the 4 susiving siblings). Does he has the right to assume ownership?


Asked on 12/28/06, 2:00 pm

1 Answer from Attorneys

Jan Butler Jan R. Butler

Re: Property Ownership

Land passes to a decedent's spouse and children equally when there is no will.

However, for the land to be merchantable, either the decedent's estate must be probated or the Court must determine who the heirs are.

A nephew has no right to do anything with his uncle's land, unless he has a deed to it.

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Answered on 12/28/06, 3:33 pm


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