I am very sorry to hear this;
So MS is very protective of surviving spouses.
Basically due to the "homestead exemption" a surviving spouse is entitled to the exclusive use and possession of the home while remaining unmarried. Additionally, if the deceased spouse did not leave a will, or if the will did not leave a sufficient amount, the surviving spouse is entitled to their elective share-this is the amount they would have received under the laws of intestate succession-so for example, if no children, the surviving spouse is entitled to 1/2 of the deceased spouse's estate, plus a life estate in the home.
Unfortunately one cannot create a joint tenancy with right of survivorship when one of the owners is already passed- it requires that all parties be alive, and for them to sign the deed. But no one can remove the surviving spouse from their home- per the homestead exception.
Now if the marriage ended and the parties continued to live together, MS has not recognized common law marriage since 1956; furthermore, while the court may find an implied agreement re: cohabitation which would allow the person some property rights, if the person is deceased and there is no will, unfortunately there would be no basis for a claim as the property would go to next of kin via the laws of intestate succession.
My deepest sympathies for your loss, and the recent destruction of the home.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned
5 stars *****
as I strive to provide my customers with great service.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.