Legal Question in Wills and Trusts in Mississippi
My father is very sick and he does not have his wife of 50 years on the land or house deed. Will the land and house go to her if he was to pass away? She is worried that someone will take it from her.
1 Answer from Attorneys
The land will not go to his surviving spouse automatically. If there is no will, the property will be split equally between his wife and children. If he wanted to leave it to her alone, he would need to either: (1) name her in his will to receive the house; (2) re-title the house with her as joint tenants with right of survivorship; or (3) use a living trust to dispose of his estate in the manner that he desires while avoiding probate.
I am a Mississippi attorney practicing in the areas of estate planning and probate law. If you have further questions, please feel free to contact me at (228) 206-4939.
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