Mississippi Estate Inheritance Laws

By Andrine Redsteer

If a Mississippi resident fails to make arrangements for the division of his property by making a will, his property will be divided according to state law. These laws are known as "laws of intestate succession," and they provide a distribution scheme that dictates a priority of heirs. In other words, certain relatives are entitled to all, or a portion of, a decedent's estate under certain circumstances -- if he didn't make a valid will. Dying without a valid will is known as dying "intestate."

Inheritance by Will

Anyone who is at least 18 years old and of sound mind can make a will in Mississippi. Being of sound mind simply indicates that the will maker, or "testator," knows or understands the significance of executing a will. In Mississippi, a parent can disinherit a child by stating it clearly in his will. If a married Mississippi resident attempts to disinherit his spouse in a will -- or leaves her less than her statutory share -- she may set the will aside and choose to take an "elective share." An elective share is the portion to which a suriving spouse would normally be entitled to under the state's laws of intestate succession.

Spouse's Inheritance Rights

In Mississippi, a surviving spouse is entitled to her deceased spouse's entire estate if her spouse died intestate and had no children or other descendents, such as grandchildren. If a married person dies intestate with a surviving spouse and surviving children, the surviving spouse and surviving children inherit the estate in equal portions. If a surviving spouse renounces the share bequeathed to her in her spouse's will, she is allowed only to receive one-half of her spouse's estate.

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Children and Grandchildren

According to Mississippi inheritance law, children have the right to inherit a deceased parent's entire estate -- in equal shares -- if their parent was unmarried at the time of his death. For example, if an unmarried parent leaves four surviving children, each will inherit one-fourth of his estate. Grandchildren have the right to an inheritance under certain circumstances. For instance, a grandchild is entitled to her parent's inheritance share if her parent predeceased the grandparent.

Parents and Siblings

If a decedent dies intestate and leaves no surviving spouse or children, his estate is divided among his parents and siblings in equal portions. For example, if a decedent has one surviving parent and two siblings, each receives one-third of the estate. If there are no surviving parents, the siblings split the estate equally. If a decedent's siblings predecease him, but his siblings had children, those children -- the decedent's nieces or nephews -- inherit their deceased parent's share.

Other Relatives

If a decedent has no surviving spouse, descendants, parents, siblings, nieces or nephews, his estate passes to his grandparents, aunts and uncles -- in equal shares. If a decedent has no surviving grandparents, aunts or uncles, his estate passes to his next of kin; a decedent's next of kin may be his cousins or other more distant relatives. If a decedent has no surviving relatives whatsoever, his estate "escheats," or passes, to the state of Mississippi.

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Arkansas Inheritance Laws

In Arkansas, a resident can make a valid will if he's at least 18 years old and mentally competent. Arkansas law also requires a will to be written and attested by two witnesses. If an Arkansas resident dies without a will, his property passes to his surviving spouse and other heirs according to state law. These laws are called "laws of intestate succession." When someone dies without a will, he is said to have died "intestate."

New York's Children Inheritance Laws

In New York, a parent may make a will devising property to children. New York also allows parents to disinherit a child in a will; however, for disinheritance to be effective, a parent must use language that clearly and unequivocally states that purpose. If a parent doesn't make a will, children are entitled to a share of their parent's estate pursuant to state laws. These laws are known as laws of intestate succession, and they provide guidelines as to how property must be divided when a person dies "intestate," or without a will.

Mississippi Law for Writing a Will

Mississippi covers most eventualities in its laws regarding wills, often to a complex extent. Any person 18 years of age or older can make a legal will in Mississippi if they are of sound mind, but how they can do so -- and the potential for some provisions to be overturned -- vary according to circumstance.

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