Who will get the home that my husband owns with his mother if he were to pass away?
Full Question:
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.
