Legal Question in Wills and Trusts in Mississippi

Inhertance

I would like to know what is the law regarding inhertance of property for a surviving spouse and children. If a person is decreased, did the real property goes to the surviving spouse or children. My dad have inhertance some real property from his parents. My dad is now decreased does his share of the land goes to his surviving spouse or his children


Asked on 9/14/07, 5:59 pm

2 Answers from Attorneys

Kai Wessels Kai H. Wessels

Re: Inhertance

Thank you for your question. The answer is not as clear as one might think. You must really consult with an attorney to get an accurate answer.

With that said, the children will most likely receive a percentage of the real property -- but there are exceptions that might defeat that inheritance.

Again, please see an attorney in order that he/she can evaluate all of the circumstances.

If I can be of further assistance, please feel free to contact me.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-Wessels)

The above is intended for informational purposes only, and is not to be relied upon as legal advice.

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Answered on 9/14/07, 6:46 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Inhertance

It will depend upon whether there is a will, or trust, or not. If not, it will go according to the law of intestate succession. "Intestate" means without a will or testamentary plan. In California, the surviving spouse would own her community property interest, if any, and the rest would go to her and the children. If there is one child, it would be 50-50. If two or more, then 1/3 to the spouse and 2/3 to the children.

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Answered on 9/14/07, 6:51 pm


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