Can my father leave me his home if he is married when he dies?

In Mississippi, a surviving spouse has homestead survivorship rights that could affect the distribution of a deceased spouse’s property, including their home. Mississippi recognizes the concept of a homestead exemption, which provides protection for the surviving spouse to continue living in the family home after the death of their spouse.

Under Mississippi law, if a deceased spouse leaves a surviving spouse and minor children but leaves the property to his or her child, the surviving spouse is entitled to a life estate in the family home, unless they waive that right. A life estate gives the surviving spouse the right to live in the home for the remainder of their life.  The surviving spouse can also renounce the will of the deceased spouse and take what he or she would take under Mississippi intestacy law subject to a few modifications.


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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.