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Legalease
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 14566
Experience:  15 yrs experience: Elder Law, Wills, Social Security Issues
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Hello. My father passed away in 2011. He was married and

Resolved Question:

Hello.
My father passed away in 2011. He was married and his spouse passed away in 2001. Both died without wills. His spouse had a small piece of land and a mobile home which they both lived in until he passed away. She raised or possibly adopted a female child years before she married my dad. My dad never adopted the female who is now 46 years old. What is the heir ship process now according to Mississippi law. Who owns what. We were advised that the estate was too small to go through probate.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Legalease replied 1 year ago.

Hello there

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If the property was in the name of his spouse and they were legally married, then under Mississippi law if she died without a will, 50% of the property was inherited by her spouse and 50% of the property was inherited by any child or children that she had (there must be legal adoption papers on record or a birth record, otherwise it does not matter if she "raised" this woman -- if she is not a biological or adopted child, she cannot inherit anything). If this woman is not biological or adopted daughter of his spouse then 100% of the property would pass to your father. Once your father passed away, his portion of the property, whether it is 50% or 100% passes to his own biological children. My suggestion to you at this point is to have a lawyer draw up a letter to this woman to determine what her relationship was to your father's spouse. If there is no birth record or adoption record then you are legally within your rights to evict her from the property and claim the estate for your father's children. If she is a legitimate heir then something must be worked out with her where she pays a 50% rent for living there (to be split among your father's children) or for the property to be sold and split between her and your father's children.

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MARY

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Legalease, Attorney
Category: Estate Law
Satisfied Customers: 14566
Experience: 15 yrs experience: Elder Law, Wills, Social Security Issues
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