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5701 Volume III | Chapter 5

MISSISSIPPI [ RESOURCES: REAL PROPERTY ]

Revised 05 - 01 - 06 Property Other Than Homestead Real property not occupied as a homestead by a surviving spouse, or for which a surviving spouse does not have homestead rights, is as follows: 1. Property acquired in the name of one spouse who died without a will. Such property descends to the surviving spouse and the children, each having an equal share. If the heirs are minors, the surviving spouse must obtain permission from the Chancery Court to make disposition of it. Therefore, a TANF mother whose spouse owned property in his name only and dies without a will is considered not to have control of it. She will not be required to go through court to dispose of it unless the value exceeds the maximum for property held in common. 2. Property acquired by a will. Property which has been left by an individual who has made a will can be distributed as provided in the bequest. An executor or administrator of an estate must first pay the expenses of the last illness and death of the owner before settling the other debts and distributing the property. All claims against the estate of a deceased person must be presented for probate within six months after the first publication of notice to the creditors. 3. Property in the name of joint tenants. The deed in these instances will read "as joint tenants with full right of survivorship," and will sometimes add, and not as "tenants in common." Such property will belong only to the surviving joint tenant or tenants at the death of one individual. Either tenant can sell, mortgage, or dispose of his share of such property, unless it is the homestead. 4. Property held jointly by spouses. When spouses acquire property and the deed is made with both names on it and does not specify that they are joint tenants with full right of survivorship, each has an undivided one-half interest, and at the death of one of them, the surviving spouse still has an undivided one-half. The surviving spouse also has a child's share in the other half of the property unless a will directs otherwise. If the property was the homestead, note the discussion above for the rights of a surviving spouse. If the property was not the homestead, the surviving spouse and other heirs have control as far as each one’s share is concerned. 5. Property owned in common. This is property owned by two or more people, which they

own under the terms of a will, or by deed, and in which each has an undivided interest. Property held in common is subject to sale, mortgage, division, or other disposition. All of the tenants in common, when adults, can join in the sale or each can dispose of his individual interest. 6. Commonly held property - spouse absent. A wife or husband whose spouse is a patient in a mental hospital cannot dispose of or place a debt on their commonly held property unless the court has acted upon the matter and given authority to the remaining spouse to handle the transaction.