If my late father’s wife is selling their home and he died without a Will, am I entitled to a child’s share of the sales price?
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If my late father’s wife is selling their home and he died without a Will, am I entitled to a child’s share of the sales price?
He died 5 years ago.
Asked on April 8, 2013 under Estate Planning, Mississippi
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
Probably not as the property was probably titled in joint tenancy and she would have survived to his share; this presumes she has titlle to sell the home. If she does not have title, and the title remains in your father's name, then a probate proceeding will need to be conducted, at which you would be entitled to a share of the property. You are advised to obtain the assistance of probate counsel to protect your rights, if any.
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