What happens to the property if my husband dies before his mother?

My husband and his mother are owners of a small home in Mississippi. My husband is terminally ill and will probably pass away before his mother. In the event of his death, will his portion of the home go to his heirs or will the whole thing go back to his mother? Everyone lives in New Orleans, Louisiana and no one resides in the home.

Asked on September 25, 2019 under Estate Planning, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the deed readsomething like "joint tennats with rights of survovirship", then upon your husband's death your mother-in-law will beome the sole owner of the house. If there is no survivorship language then your husband and mother-in-law own the house as "tenants in common". This means that your husband's share goes to the beneficiaries (if he has a Will) or his heirs (if he has no Will). Basically, to you and your children, if any.

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

Answered 1 year ago | Contributor

Sorry to hear about your husband.
If your husband and his mother own the home as joint tenants with right of survivorship, his mother will own the entire home upon your husband's death.
If your husband and his mother are not joint tenants with right of survivorship, then your husband's heirs will inherit his share of the house.

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