Legal Question in Wills and Trusts in Mississippi
2nd Spouse's Rights
If a person has a subsequest marriage and shares a home that is owned solely by one of the parties and the homeowner dies, has a will and leaves the home property (homesteaded property that is shared with current spouse)only to his/her children by a previous spouse and not to current spouse, does the current spouse have any right to continue to live in the home in which they both resided prior to the death of the property owner? If so, when does that right end?
2 Answers from Attorneys
Re: 2nd Spouse's Rights
A spouse has a "homestead" right to live on the homestead property during widowhood. This right remains until spouse either remarries or voluntarily moves away with the intent to abandon the homestead.
Also spouse has 90 days to renounce a will unless spouse was omitted from the will, in which case it is renounced by operation of law. Once renounced the spouse is entitled to inherit a "child's part" not to exceed one-half of the estate.
Re: 2nd Spouse's Rights
Under Miss. Code 91-5-25, 91-5-27, and 91-7-135, the widow may take an intestate share of the property. A 90 day window after filing of probate may apply. Also, the estate appraiser is required to set aside one year's support for the family.
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