Legal Question in Wills and Trusts in Mississippi


In Mississippi,can a half sister inherit from brother who died without will, spouse, whole blood siblings or children.

All parents, uncles, aunts predeceased him.

Will half sibling(adopted and name changed by mother's 2nd husband) get estate or can first cousins have right to inherit? Adoption papers are from out of state and do no mention inheritance rights. Does law have preference for full blood relativec(Cousin) over half-blood adopted out of family sister? Where there is no will can adopted sister inherit from new adoptive father AND biological father's relatives?

Asked on 7/20/09, 2:48 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Inheritance-adoption

Regarding the half-blood question, Miss. Code Annot. (1972) Section 91-1-5: There shall not be, in any case, a distinction between the kindred of the whole and half-blood, except that the kindred of the whole-blood, in equal degree, shall be preferred to the kindred of the half-blood in the same degree.

Regarding the affect of an adoption:

Miss. Code Annot. (1972) Section 93-17-13:

be that (a) the child shall inherit from and through the adopting parents and shall likewise inherit from the other children of the adopting parents to the same extent and under the same conditions as provided for the inheritance between brothers and sisters of the full blood by the laws of descent and distribution of the State of Mississippi, and that the adopting parents and their other children shall inherit from the child, just as if such child had been born to the adopting parents in lawful wedlock; (b) the child and the adopting parents and adoptive kindred are vested with all of the rights, powers, duties and obligations, respectively, as if such child had been born to the adopting parents in lawful wedlock, including all rights existing by virtue of Section 11-7-13....

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Answered on 7/21/09, 10:42 am

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