How can gain ownership of a house.

UPDATED: Oct 1, 2022

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How can gain ownership of a house.

My mother died 7 years ago, she did not
have a will. She verbally told me and
her sisters and brothers that she
wanted to leave the house to me, her
daughter. I have paid the property tax
on the house since the time of her
death. Am I the owner?

Asked on February 5, 2018 under Estate Planning, Mississippi


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  Here is what I have found for your state:
Oral wills are known as "nuncupative" wills. Such wills are valid in a Mississippi. In order to be valid, the"nuncupative" will must be expressed during an individual’s lastillness, and if the bequest exceeds $100 in value, must be proven by 2witnesses. Additionally, the individual's death must be within 6 months of theoral declaration in order to be valid.
You can not just put the deed in your name.  You are going to have to file a probate petition claiming an oral WIll and I hope you meet the criteria.  If not, then your mother is considered to have died "intestate" and the intestacy statute applies, meaning you AND your siblings own it equally.  Your siblings can waive it although its been 7 years and the time to do so may have passed.  Seek legal help.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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