Legal Question in Wills and Trusts in Mississippi
death without a will
My father recently passed away without leaving a will. He was married twice. The first marrage he father a total of 4 children. From his second marriage he father 3 childrens and adopted one child. His wife is still living and is determine that she the three children plus the adopted child will claim all of his property and funds. She maintain that the other four will not receive or utilize any of his property or monies he left behind. Also, he was a disable Vet and had recently receive a large sum of back pay money from VA. A long with his insuracne policies. She have hid all of his insurance papers and Va papers and bank records. We don't know what to assume. Do the other four have any legal rights based upon the laws in the state of Mississippi?
2 Answers from Attorneys
Re: death without a will
In Mississippi, where a married person dies without a will, the surviving spouse gets 50% of the estate and the decedent's children split the other 50%. In the fact scenario you presented, the surviving spouse gets 50% and the decedent's 8 children split the other 50% (6.25% each). Yes, the "other four" have rights.
Re: death without a will
Yes, you all have rights. I disagree with Mr. Nimocks about the percentage. The widow and all children inherit in the same percentages. A widow and 8 children get 1/9 each. However, if there is a homestead the widow gets to live there as long as she does not remarry, so the home can't be sold out from under her.
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