Full question:
I am a resident of Mississippi. I have a life estate in 66 acres of property, 60 of which I inherited, 6 acres my home. This was done when I remarried a little over 14 years ago, putting the deed in my three son's names with a life estate for myself and a will for my husband to be able to live in the home if I should die before him. One of my sons has died recently, so my questions is: Does the deceased son's heirs have his rights now? Can you tell me what I need to do, or is there anything to do in regards to the deed. I believe it is a quit claim deed. My husband is now almost 89 years of age, cannot care for himself, I am getting criticism from his daughters who live across the country, very nervous about all the situation of all this. My husband would not be able to live in our home by himself. I am concerned about how all this would affect my two sons, my heirs, in case of my death. I hope I have this stated plainly enough. My property is located in Warren and Claiborne Counties.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Mississippi
Answer:
The answer depends on whether your sons were joint tenants or tenants in common. If they were tenants in common, your deceased son’s share will pass to his heirs. If they were joint tenants, the remaining sons will inherit the deceased son’s share automatically. Joint tenancy allows the surviving tenant to own the entire property upon the death of another joint tenant. This arrangement avoids probate but can be severed, turning it into a tenancy in common.
In Mississippi, a life tenant can sell or mortgage their life interest, but this interest only lasts for the lifetime of the seller. The life estate cannot be inherited or passed on through a will. Upon the death of the life tenant, the property typically goes to the remainderman named in the life estate agreement.
Given your husband’s age and inability to care for himself, it’s important to consider how these changes might impact your remaining sons and your estate planning. Consulting with an estate planning attorney in Mississippi can help clarify your options and ensure your wishes are documented properly.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.