Heir rights to a home

My mom and step father where married after she
obtained the home he resided with her and married
her 2 years later she never added him to the
house she passed last month I’m her only child
what are my rights

Asked on December 1, 2018 under Estate Planning, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If there is a will leaving everything to him, he gets it all.
If there is a will leaving him less than half the estate, he can claim an "elective share" equal to around half the estate (approximately; the actual calculation is complex)--he's entitled to this no matter what the will says.
If there is no will, then you get 1/2 the estate (including a 1/2 share in her house) and he gets 1/2 the estate (including 1/2 the house).

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