If my husband was to die, do I get the property or does his daughter if there is no Will?

My husband owns property that he inherited when his father died. We have been married 10 years. He also has a 47 year old daughter. There is currently a Will.

Asked on July 29, 2012 under Estate Planning, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your husband dies without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will. 

Under the rules of intestate succession, you, the surviving spouse would inherit your husband's entire estate.  If there is no surviving spouse, your husband's daughter would inherit his entire estate.

Since there is a Will, the rules of intestate succession would not be applicable and the provisions of the Will are controlling and determine inheritance.


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