Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good evening.Here if this is marital property, money acquired during marriage you would have to seek your share through probate.It also depends if he has put on another person as a joint owner with right of survivorship.If he has here then it may pass outside of probate to that named survivor.If there is no other persons name on these as jointly owned here they would pass through his estate if they are separate premarital property.If they are funds earned during marriage you may assert both a claim to your half and also as an heir if there is no will.You are going to need your own lawyer to fight for these in probate if your name does not appear especially if someone else's name is XXXXX XXXXX with right of survivorship.If these are considered marital property that is the funds were earned during marriage you have a much better chance at getting a larger share.You may want to have a lawyer check into this now to see how they are set up and to see what can be done to better protect your rights to these CDs.
If no one elses name is XXXXX XXXXX CDs as a survivor here and there is no will they pass under the Mississippi laws of intestacy( no will)..
Please let me know if you have more follow up questions.I want to make sure you have the information you need about your situation.Thanks again.
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