Legal Question in Wills and Trusts in Mississippi

Your questions raises a few issues. You need to know how the property is currently titled. If it is titled as joint tenants with right of survivorship, it will pass to the surviving joint tenant regardless of what your husband's will may provide. If it is either in his name or if he is a tenant in common, then the property will pass in accordance with his will. However, Mississippi does give a spouse certain rights known as the "elective share." This essentially prevents a person from totally disinheriting his or her spouse unless the value of the surviving spouse's estate exceeds a certain amount. This requires some calculation and comparison of the value of each spouse's separate property.

This information is provided as a courtesy only and shouldn't be construed as reliable legal advise or otherwise creating an attorney client relationship. I am a licensed Mississippi attorney practicing in the areas of probate and estate planning. If I can be of assistance, please give me a call at (228) 206-4939.