Legal Question in Wills and Trusts in Mississippi

Rights to land when there is no will

My Dad died 4 years ago with no will. He owned approx. 40 acres of land that he inherited. He gave me 1 acre to build on and 1/2 the other is suppose to be mine. He helped me clear some on either side of mine to use, i.e. made driveways, etc. Now my Mom demands that I remove everything because the land is ''hers''. My Dad's name is the only one on the deed and it is suppose to belong to my sister and me. She will not allow a deed to be made in our names. Can she legally do this? What do I have to do to to get this matter settled for once and for all?


Asked on 10/27/04, 6:21 pm

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Rights to land when there is no will

If your dad died in Mississippi without a will, your mom is only entitled to 1/2 your dad's estate. You and your other siblings are entitled to equal shares of the other 1/2. You need to hire an estate attorney to open your dad's estate so that you can rightfully claim your share.

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Answered on 10/27/04, 6:50 pm


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