Legal Question in Wills and Trusts in Mississippi

divorce, death and full rights of suvivorship

i was divorced from my husband in 1996 house was paid for. deed states i as his wife full rights of suvivorship. I was awarded exclusive use of house and responsible for all bills.he died without paying child support and and lived in our house till his death. (he forced his way in saying it was half his so he will live here..) divorce papers say after kids hit 21 house must be sold. but in his will he provisioned that no one could force me to sell house as long as i live there.(our 3 kids, in will have his half of house.

Now is the house mine since the deed was not changed to tenants in commom? does that supercede the will? or what? i took care of him for 6 years until his death. what can i do?

plus state of Ms. says he owes me 21000 in back child support can i collect?


Asked on 1/19/06, 5:50 pm

1 Answer from Attorneys
Jan Butler Jan R. Butler

Re: divorce, death and full rights of suvivorship

You own the house because of the deed. It may be subject to the divorce agreement depending on what you and he agreed to do with the proceeds. His will has no effect on the house as it was not part of his estate. You can try to collect from his estate if there is any money in the estate. see a local lawyer.

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Answered on 1/20/06, 7:48 pm


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