When someone passes away without a will in Mississippi, intestate succession laws govern the distribution of their estate. These laws determine who inherits the deceased’s assets based on their relationship to the deceased. Understanding these rules is essential to ensure correct and fair handling of the estate.
If you find yourself in this situation, knowing these laws can help ensure your loved one’s wishes are respected as closely as possible. Legal guidance provides that the estate distribution takes place according to state law and that all necessary steps are taken.
Priority Order Among Heirs Under Mississippi Intestate Succession Laws
In Mississippi, the intestate succession laws establish a clear hierarchy for who inherits the estate. The order of priority among heirs is as follows.
Surviving Spouse and Children
The estate is first divided between the surviving spouse and the deceased’s children. If there is a surviving spouse and children, the spouse receives one-half of the estate, with the children equally dividing the other half. If there are no children, the spouse inherits the entire estate. Conversely, if no surviving spouse exists, the children inherit the estate equally.
Parents and Siblings
The estate is distributed to the deceased’s parents if there is no surviving spouse or children. If both parents are alive, they share the estate equally. If only one parent is alive, that parent inherits the entire estate.
The estate is distributed among the deceased’s siblings if neither parent is alive. Siblings share the estate equally, and if a sibling has predeceased the decedent but has surviving children (nieces and nephews of the deceased), those children will inherit their parent’s share.
Extended Family
If there are no surviving spouses, children, parents, or siblings, the estate is distributed to more distant relatives. These relatives include grandparents, aunts, uncles, and cousins. The inheritance is divided among these relatives based on their kinship to the deceased.
Understanding the priority order among heirs, specific inheritance rules for different family members, and unique state provisions can ensure the proper distribution of the estate.
Specific Inheritance Rules for Various Family Members Under Mississippi Inheritance Laws
Different family members have specific rules governing how they inherit the estate under Mississippi’s intestate succession laws.
Surviving Spouse
As mentioned, the surviving spouse’s share depends on the presence of children. The spouse receives one-half of the estate if there are children and the entire estate if there are no children. It’s important to note that Mississippi law does not recognize common-law marriages, so a surviving partner must have been legally married to the deceased to inherit under intestate succession.
Children
Children inherit equally, but issues can arise when dealing with half-siblings, adopted children, and children born out of wedlock. In Mississippi, adopted children are treated the same as biological children for inheritance purposes.
Half-siblings also inherit equally. Children born out of wedlock can inherit from their father if paternity is established through the father’s acknowledgment or legal proceedings.
Parents and Siblings
Parents only inherit if there is no surviving spouse or children. If only one parent is alive, they inherit the entire estate. Siblings inherit equally without surviving parents, spouses, or children. As with children, if a sibling has predeceased the decedent but has surviving children, those children will inherit their parent’s share.
More Distant Relatives
If no immediate family members are alive, more distant relatives inherit based on their degree of kinship. Grandparents, aunts, uncles, and cousins can inherit the estate, with closer relatives taking precedence over more distant ones.
For instance, if the deceased has surviving grandparents but no other closer relatives, the grandparents would inherit the estate. The estate would pass to aunts, uncles, and cousins if no grandparents were alive.
These laws provide a clear framework for distributing the estate among surviving family members, ensuring the passing of the deceased’s assets according to their relationship to the deceased.
Unique State Provisions and Exceptions
Mississippi has specific provisions and exceptions in its intestate succession laws that can affect the distribution of an estate.
Advancements
In Mississippi, any property given to an heir during the deceased’s lifetime may be considered an advancement on that heir’s share of the estate. To be treated as an advancement, the deceased must have declared in writing that the gift was an advancement, or the heir must acknowledge it. This means the value of the advancement is deducted from the heir’s share of the estate.
Slayer Statute
Mississippi has a “Slayer Statute” that prevents anyone who unlawfully and intentionally causes the death of another from inheriting from the deceased’s estate. This provision ensures that a murderer cannot profit from their crime.
If an heir is found to have killed the deceased, they are treated as if they predeceased the decedent, and their share is distributed according to the intestate succession laws as if they were not alive.
Posthumous Children
Children conceived before but born after a parent’s death are considered heirs and entitled to a share of the estate as if they had been born during their lifetime. This ensures the provision for all biological children, even if they are not yet born at the time of the parent’s death.
Unclaimed Estates
If there are no surviving relatives and no one to inherit the estate, the property escheats to the state of Mississippi. This means that the state becomes the owner of the estate.
However, this situation is rare, as Mississippi’s intestate succession laws aim to ensure that even distant relatives can inherit before the estate escheats to the state.
Understanding Mississippi’s intestate succession laws is essential when a loved one dies without a will. An estate planning attorney is crucial for those dealing with an estate, whether there is a will or not.
Learn More About Mississippi Inheritance Laws with a Will
If you have questions for an experienced Mississippi estate planning attorney about the distribution of your property upon your death, reach out to the Harris Law Firm for immediate assistance.
Since 1981, the Harris Law Firm has provided individuals and families throughout Mississippi with reliable, sound, and effective estate planning advice and solutions.
We take pride in helping you plan for your family’s future and are here to help in any way we can. To learn more and schedule a no-obligation consultation today, call the Harris Law Firm or connect with us through our secure online contact form.
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