Legal Question in Wills and Trusts in Mississippi
Is child entitled to estate.
my dad passed away recently.My stepmother says the will states that upon either of their deaths that everything is left to the other. They have been married 14yrs.She has two bilogical children and i have a bother. I haven't seen the will.She says that upon her death that everthing will be divided equally amoung the 4 children. She and I have never gotten along with one another.I don't trust this. I don't know what the property is worth and I know he had a life insurance policy,401k. The house & land is paid for and she is looking to sell it. If my brother and I were not named specifically in the will, are we still entitled to anything? Is there a way to find out if he had a will? My brother and I haven't received anything. We were not on bad terms with my father
2 Answers from Attorneys
Re: Is child entitled to estate.
My understanding is that if there is no will your brother, your stepmother, and you would share equally. I would recommend that you contact your stepmother and explain that you would like to see the will because you are having difficulty believing that your father left you nothing. However, it is common for parents to leave each other everything of value assuming that the survivor will leave something to the stepchildren.
Re: Is child entitled to estate.
your father is entitled to pass his estate however he wants, so whatever may be in his will controls, absent proof that your father was mentally incompetent at the time that he executed his will. if he died w/o a will, his surviving spouse is entitled to 50% of his probate estate and his kids are entitled to the other 50% of his probate estate. the life insurance and 401k are usually non-probate assets, so you may not be entitled to any of it. however, unless your mom & dad owned the house & property as joint tenants with full rights of survivorship, you and your siblings would own an undivided 50% interest in your father's portion. you need to check the land records on the house & property and see how it was owned. you would also be advised to hire an attorney to open your father's estate and appoint you as administratrix so that you can look into the life insurance, 401k, and other assets to see who is entitled to what.