Full question:
My hubby left me a small portion of his estate. I don’t own any property in my name and definitely don’t wanna accept the portion that he has left me. Can I reject the bequest by my hubby?
- Category: Wills and Estates
- Subcategory: Renunciation
- Date:
- State: Mississippi
Answer:
Yes, you can reject your husband's bequest if you don't own any property in your name. In Mississippi, if a wife has separate property equal in value to her lawful portion of her deceased husband's estate, she cannot refuse the will or any bequest made to her. However, if her separate property is less than what she would inherit, she can reject the will and claim her share.
The relevant law, Miss. Code Ann. § 91-5-29, states that if a wife's separate property is not equal to her lawful portion, she may dissent from the will and seek to have the deficiency made up. The court may appoint commissioners to assess the value of her lawful portion and her separate estate. Depending on the value of her separate property, she may be entitled to a corresponding share of her husband's estate.
Specifically, if her separate property is worth two-thirds of her lawful portion, she may receive one-third of her share of the real estate and personal property. If it's worth half, she may receive half of her share. If it's only one-third, she can claim two-thirds of her lawful portion. Importantly, if her separate property is less than one-fifth of her lawful portion, she can renounce the will and take her lawful share.
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.