Full question:
My husband died two weeks back. We had lot of issues between us but we weren’t separated. Now I got to know that he had made a will a year ago. According to the will, all his property goes to his mom. This is unfair and I am going to approach the court to claim my share. Could you tell me the elective share of the surviving spouse in Mississippi?
- Category: Wills and Estates
- Subcategory: Renunciation
- Date:
- State: Mississippi
Answer:
If you are dissatisfied with what your husband left you in his will, you can renounce the will within ninety days after it is probated. By doing this, you can claim a share of the estate as if your husband had died without a will. However, your share cannot exceed half of his estate.
If you own separate property that is worth more than your elective share, you cannot elect against your husband's will. Conversely, if your separate property is worth less than your elective share, you can claim a share to make up the difference. An exception exists: if your separate property is less than twenty percent of your elective share, you may claim the entire elective share.
The relevant law states that when a husband does not provide satisfactory provisions for his wife in his will, she can file a renunciation within ninety days after probate. This allows her to take her legal share of his estate, which is half of the estate if he has no children (Miss. Code Ann. § 91-5-25).
Additionally, if the wife has separate property equal to her lawful portion of her husband's estate, she cannot renounce the will. If her separate property is less, she may still renounce and claim the difference (Miss. Code Ann. § 91-5-29).
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.