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5702 Volume III | Chapter 5

MISSISSIPPI [ RESOURCES: REAL PROPERTY ]

Revised 05 - 01 - 06 The same is true when a parent deserts or is absent for other reasons and leaves property in common. The other parent cannot dispose of the property without consent of the court when there are minor heirs involved. See below for policy. 7. Life estates - A life estate in property can be created by a deed, division of property, or operation of law. A life estate gives the grantee the right to use, hold title, and receive profits from the land for life unless restricted to occupancy only. The life tenant has an obligation to make reasonable repairs and preserve the land. He cannot sell the minerals or timber but may use timber for his own use. He is responsible for taxes if there is income from the place sufficient to pay them. The individual who will come into the property at the death of the holder of the life estate is called a remainderman and can dispose of the property only subject to the life estate unless the life tenant joins in the deed. If all individuals join in the sale, the life tenant should receive his share. If mineral leases are signed after the transfer in return for life estate, the life tenant is entitled only to the interest from the income from sale of the oil or gas. 8. Property acquired by spouse in a previous marriage. In unusual circumstances, an individual who has remarried will have property which came to him from a prior union and which will be denied to the spouse of the current marriage. When this problem arises, the supervisor should handle through the regional director who may contact the Economic Assistance Policy Unit if necessary. Loss of Land for Taxes Under the state statute, if taxes are not paid on real property for two successive years, the property matures in the name of the State of Mississippi. It can be reclaimed by the payment of the back taxes. Usually when the property is reclaimed by the payment of taxes, the owner recovers it. However, when a member of the family pays the back taxes on property which was an estate, it is

difficult to determine whether the property remains an estate or is in the sole possession of the relative who bought it for the taxes. The worker should see the land patent in order to determine in whose name, on what date, and for amount of taxes the property was bought. CHECKING PROPERTY RECORDS When the worker must assist the individual in ascertaining the status of his property, the following suggestions will usually be helpful: 1. Check tax records and receipts to get descriptions of property. 2. See current deeds to property. The individual should have a copy of the deed to property he owns outright. The records in the chancery clerk's office can be checked regarding any deed not in the individual's possession.