by Tina Seymour Demoran Esquire, Seymour Law Firm PLLC
I cannot tell you how many times I’ve met with a family who sincerely believed, “Everything automatically goes to my wife.”
Sometimes that’s exactly what happens.
And sometimes…it absolutely doesn’t.
If your home is owned jointly with rights of survivorship, your surviving spouse will generally become the sole owner.
But if the home is titled only in one spouse’s name, the answer becomes much more complicated.
Mississippi law looks at several things, including how the property is titled, whether you have a valid Will or Trust, whether you died with or without a Will, and who your legal heirs are.
That’s when families are often surprised.
They’ve lived in the same house for thirty years.
They’ve made every mortgage payment together.
They’ve raised their children there.
Yet after one spouse dies, they discover the law doesn’t always work the way they assumed it would.
Here’s something many Mississippi families don’t know…
Our Legislature has long recognized that surviving spouses deserve protection.
Mississippi law provides important rights for widows and widowers through our homestead and exempt property statutes.
Under Mississippi Code Annotated § 91-1-19, certain exempt property—including the homestead in many circumstances—may pass to the surviving spouse and children together, while if there are no surviving descendants, the surviving spouse may receive that property outright.
In addition, Mississippi law recognizes important homestead rights that may allow a surviving spouse to continue occupying and enjoying the family home even when legal title ultimately passes in a different manner.
Those protections are important.
But here’s what I want people to understand…
They are not a substitute for good estate planning.
I’ve practiced probate law long enough to know that some of the hardest conversations happen after someone dies.
Not because families don’t love each other. But because Mom and Dad assumed everyone would “just know” what they wanted.
I’ve watched adult children disagree over what they thought their parents intended.
I’ve watched surviving spouses discover they cannot refinance the home without additional signatures.
I’ve watched perfectly good families spend thousands of dollars in probate and legal fees simply because no one ever sat down and created a plan.
That’s why I tell clients all the time that estate planning isn’t really about death.
It’s about making life easier for the people you love.
Sometimes a Last Will and Testament is exactly what a family needs.
Sometimes a Revocable Living Trust is the better choice.
Sometimes simply changing how property is titled solves the problem.
There is no one-size-fits-all estate plan because there is no one-size-fits-all family.
After years of helping Mississippi families through probate, I’ve learned one thing that never changes.
The people who spend a little time planning today save their families an incredible amount of heartache tomorrow.
The greatest gift you can leave your family isn’t simply your home.
It’s clarity.
It’s making sure your spouse is protected.
It’s reducing the chance that your children will end up in conflict.
It’s giving your family instructions instead of unanswered questions.
Because after losing someone they love, the last thing your family should be doing is trying to figure out what you “probably meant.”
Let’s make sure they never have to.
Please do not hesitate to contact me with questions at (228)224-6781 or editor@thegazebogazette.com.
(Photo by Getty Images)
