Property Rights After Death Without A Will

Summary

If a spouse dies without a will, the surviving spouse generally inherits all the marital property. In mississippi, if the property was awarded to your husband in the divorce, its his separate property. Without a will, property typically goes to the surviving spouse. However, if the property was transferred to the ex-wifes son illegally, the judge can take legal action and potentially reverse the transfer. Its important to present all relevant documents in court and consider hiring a lawyer for assistance. Good luck with your court case!

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My husband passed a year ago no will . I still live on the property. But his exwife is trying to remove me from the property. She was not rewarded the property in their divorce but still has the original deed a week after my husband died she put the property in her son name. Can she do this? No way right!
What state are you located in, ****? The laws regarding property rights after death without a will vary by state.
Mississippi
What is the nature of the property? Is it a marital home or separate property?

In Mississippi, if a spouse dies without a will, the surviving spouse generally inherits all the marital property.
Separate property he was rewarded the children and the property. She didnt want thechil
In Mississippi:

- If the property was awarded to your husband in the divorce, it's his separate property.
- Without a will, property typically goes to the surviving spouse.

Can you confirm if the property was transferred to her son legally?
It was done in office through legal channels but she used her original deed acting like she was surviving spouse
Did she forge any documents or misrepresent any facts while transferring the property? In Mississippi, forgery or misrepresentation can lead to legal consequences.
Well what should i do in court tomorrow she evicting me
What evidence do you have to prove that the property was awarded to your husband in the divorce? In court, it's crucial to present all relevant documents.
I have the divorce paper. My marriage licenses. My husband death certificate
In court, present these documents as evidence. Also, consider hiring a lawyer to represent you. For local legal aid, contact Mississippi Legal Services at *-*-*-*.
Can the judge over lookthis issue
The judge will consider all presented evidence. It's crucial to clearly explain your situation and provide all relevant documents.
Will can i do this without a lawyer. I go to court tomorrow
You can represent yourself in court, but it's generally recommended to have a lawyer, especially for complex cases. Mississippi Legal Services can provide assistance: *-*-*-*.
Is there any way for her to evicted me
In Mississippi, only the legal owner can evict. If you can prove in court that she's not the legal owner, she may not be able to evict you.
If it is proven that she transferred the deed illegally will the judge take legal action
Yes, if it's proven that the deed was transferred illegally, the judge can take legal action. This could include reversing the transfer and potentially penalizing the person who acted illegally.
And since i am his survivng spouse .Would it be rewarded to me
In Mississippi, without a will, the surviving spouse typically inherits the deceased's property. However, the final decision rests with the court.
Well thank you so very much you were awesome! Thank You
You're welcome, ****! If you have any more questions in the future, don't hesitate to reach out. Good luck with your court case!