Legal Question in Real Estate Law in Mississippi

Fathers Death / Personal belongings.

My father passed away with no will or living spouse. He had a joint bank acct. with a ''lady friend'' and owned property in his and her name that is paid for. Would I have any rights to that property or monies in checking account at the time of his death? Also his vehicle that was only in his name has now been sold by a woman that claims to be his wife (common law marriage), would that vehicle be mine? This woman claiming to be his wife lied on his death certicate claiming to be his wife, could she be prosecuted? She's also used credit cards in his name, could she be prosecuted? The life insurance policy was in her name but per my dad she was supposed to give my sister and I $12,500.00 a piece and she won't. I know her being beneficiary I don't think there's anything we can do about the life insurance policy but we're just trying to pay his for his burial costs. We also were thinking of his Income Tax Return, how could we find out if she filed and chashed his return? What kind of cost are we looking at to pursue all of the above?


Asked on 5/25/07, 2:11 pm

1 Answer from Attorneys

Robert Rosplock Rosplock & Perez

Re: Fathers Death / Personal belongings.

Because the real property and bank account were joint, you have no rights to these assets.

There has bee no common law marriage in Ohio since late 1991. If they were together before that time, the issues are:

1. Did they hold themselves out as being married (tell people they were husband and wife, file joint tax returns, etc.)?

2 Did people in the community recognize them as being married?

3. Did thet intend to be married?

If no common law marriage, at least the car and you dad's personal belongings should pass to you and your sister.

It is not proper for anyone not on the account to use your father's credit card after his death.

As I am 20 miles east of Cleveland, you need to contact a more local attorney for a quote for representation.

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Answered on 5/29/07, 11:38 am


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