What are my rights as next of kin after my father's death?

Full question:

My father a divorcee, passed away leaving no will. His girlfriend of 12 years feels entitled to all his assets and property. She refuses to split any property and I quote 'I helped him pay for it all, so it's mine' Where can I read about my legal rights as next of kin to gain legal ground? The state of MS doesn't honor Common Law Marriages, so does she have any legal rights or say in the matter? Can she sell,trade or give away vehicles he owned that were soley in his name on the title. Is it illegal?

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: California

Answer:

In Mississippi, when a person dies without a will (intestate), their assets are distributed according to state intestacy laws. If the estate is valued under fifty thousand dollars, a summary procedure may apply. The probate court will appoint an administrator to manage the estate, pay debts, and distribute remaining assets according to the law.

In Mississippi, the property of an intestate decedent is distributed to their heirs. If there is no surviving spouse, the estate typically goes to children, parents, or siblings, depending on the family structure (Miss. Code § 91-1-3). Unmarried partners do not have the same rights as spouses concerning property acquired during a relationship. Therefore, your father's girlfriend likely has no legal claim to his assets unless there is evidence of a contract or joint ownership.

Regarding vehicles solely titled in your father's name, she cannot legally sell or transfer them without proper authority from the estate's administrator. If she does so, it could be considered illegal. You may need to file a petition with the court to probate the estate and assert your rights as the next of kin.

For more information on your rights and the probate process in Mississippi, you can refer to the relevant state statutes or consult with a local attorney.