If a spouse dies without leaving a will does the surviving spouse inherit all assets?

01/04/2007 - Wills and Estates - State: MS #112

Full Question:

In Mississippi, if a spouse dies without leaving a will, does the surviving spouse inherit all assets of the deceased spouse?

Answer:

Section 91-1-7 of the Mississippi Code provides as follows: If a husband dies intestate and does not leave children or descendants of children, his widow shall be entitled to his entire estate, real and personal, in fee simple, after payment of his debts; but where the deceased husband shall leave a child or children by that or a former marriage, or descendants of such child or children, his widow shall have a child's part of his estate, in either case in fee simple. If a married woman dies owning any real or personal estate not disposed of, it shall descend to her husband and her children or their descendants if she have any surviving her, either by a former husband or by the surviving husband, in equal parts, according to the rules of descent. If she has children and there are also descendants of other children who have died before the mother, the descendants shall inherit the share to which the parent would have been entitled if living, as coheirs with the surviving children. If she has no children or descendants of them, then the husband shall inherit all of her property.



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01/04/2007 - Category: Wills and Estates - State: MS #112

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