What are my rights to my deceased mom’s estate.

My mom died Aug 2014. She has land and
a trailer. And assets. But my question
really is she married right before she
passed. But she has had that place for
10 are so years before that. My step
dad is ruining what she had. He’s a
meth head destroying everything she has
worked so hard for. My mom would flip
if she knew what he has become. She had
a restraining order on him the day she
died. My mom worked so hard for what
she had. What can I do. She has a
safety deposit box in the bank but I
can’t afford to pay a lawyer long term.

Asked on May 26, 2016 under Estate Planning, Mississippi


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

Answered 4 years ago | Contributor

Sorry to hear about your mother.
If she left a Will, the provisions of the Will are controlling as to what you inherit.
If your mother died intestate (without a Will), the rules of intestate succession determine inheritance.  Under intestate succession, the surviving spouse inherits her entire estate.  If there had not been a surviving spouse, the estate would have been divided equally among the surviving children.  If there are children who pre-deceased your mother and they had children (your mother's grandchildren), those grandchildren would have inherited the share their deceased parent would have inherited had the deceased parent survived.
However, as mentioned above, since there is a surviving spouse, he inherits your mother's entire estate if she did not leave a Will.

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