Full question:
My husband and his mother own a house together; my husband pays the mortgage, insurance, taxes and all repairs on this house. This property still has a large mortgage owed due to multiple refinances. His mother lives in the house alone. My husband has not made a will (yet). Who gets this property if my husband dies before his mother? Who gets this property if his mother dies, then my husband dies after her? He has 2 siblings & 2 grown children. What would I be entitled to as his spouse who supported his paying all expenses on this property while his mother and he were still alive?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Mississippi
Answer:
The answer generally depends on how the property is owned. If "joint tenants, with rights of survivorship", then if he dies first she gets the property and if she dies first he gets the property. If "tenants in common", if he dies his undivided interest (1/2) of the property goes as he directs in a Will, or if no Will according to the laws of intestate succession (which provides in Mississippi that his property would go to his children and spouse.) But since it is a house and she still owns the other half and she determines who gets that half the ownership of the 1/2 interest may have little value. You should check the wording of the deed to determine how the property is owned. Likewise, since there are other children of the mother who does the mother and son want to receive the property.
The ownership type can usually be changed to the type of ownership the parties desire. i.e. Mother and Son can convey the property to themselves to change the ownership type as they determne and desire.
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.
