Legal Question in Wills and Trusts in Mississippi
Deceased parent property recovery
Father died unexpectidly and did not have a burial policy. He was living with a woman but they were not married. The 3 surviving children paid the 4k funeral costs. We later found out he had some life insurance policies with the woman partner as the beneficiary. Do we have any rights to recover the funeral costs, and how do we retrieve any personal property at the home they shared? He has a checking containing $600 in his name only.
2 Answers from Attorneys
Re: Deceased parent property recovery
The children would share equally in the estate. You will need to consult with an attorney and have an affidavit of successorship prepared. If the female friend does not cooperate, you will need to have an administrator appointed for the father's estate.
Re: Deceased parent property recovery
By operation of law, the life insurance proceeds would go to the woman partner. If your father did not have a will, the 3 children would share equally in the remainder of his estate. An affidavit prepared in accordance with section 91-7-322 of the Mississippi Code might help you recover the bank account. If the female partner isn't cooperative regarding your father's personal property, you may have to open an estate and seek a court order.
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