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 language in the Deed will control who gets the property. If the two owned the property as joint tenants, then the Friend will receive the property, not the children. If they owned the property as tenants in common then the Mother's interest in the property will go as she specifies in here Will, if she has one, or if not, according to the laws of intestate succession. In Mississippi, if she has no spouse, her Children would receive her interest in the property if no Will. However, the Friend would still own an interest so the Children would only own a portion of the property. They could sell that portion to the Friend, another person, or file to partition the property to force a sale.
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