Full question:
Mother and Friend own real estate together. Mother dies and son of Mother wants to know if the Children of Mother get all or part of the property or the Friend.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Mississippi
Answer:
In Mississippi, the deed's language determines property ownership after a co-owner's death. If Mother and Friend owned the property as joint tenants, the Friend inherits the entire property. If they were tenants in common, Mother's share goes to her children according to her will, if one exists, or through intestate succession if she died without a will. Without a spouse, her children would inherit her interest in the property, but the Friend would still retain their share. Therefore, the children would only own part of the property. They could sell their share to the Friend, to someone else, or file for partition to force a sale.
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