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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 8675
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I am trying to claim joint tenant in ms.. I read I could

Customer Question

I am trying to claim joint tenant in ms.. I read I could without any written agreement. I don't know what form to submit?
Submitted: 7 months ago.
Category: Estate Law
Expert:  LegalGems replied 7 months ago.

Is this pertaining to a divorce? Can you please provide more information?

Customer: replied 7 months ago.
mate, once divorced, total of 47 yrs.25 married; 20 yrs. living together passed away 3/11/2015, October house burned down.
Customer: replied 7 months ago.
due to irs problem everything in her name only
Expert:  LegalGems replied 7 months ago.

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.

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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.

Expert:  LegalGems replied 7 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!