Father died - Wife golddigger

[squawll]

What is the name of your state? CALIFORNIA
My father died in the state of Mississippi. He married a long time on again off again girlfriend. They have been married for less than a year. They were married in California. She never could get everything together so that she could move to Mississippi to take care of him. My father was very ill, on oxygen. I am sure they could not possibly have consummated the marriage and if they did I would have to call it attempted murder. He couldn't even stand at the altar during the ceremony. Now my question. Since they were married in CA, is his house community property. He inherited from my grandmother and just put it in his name a few m onths ago. Further, he owed my brother 8500 because my brother paid for the rest of the house. My family is not concerned about anything but the house because it ws my grandmother's. Do we have any recourse?

 

[divgradcurl]

What is the name of your state? CALIFORNIA
My father died in the state of Mississippi. He married a long time on again off again girlfriend. They have been married for less than a year. They were married in California. She never could get everything together so that she could move to Mississippi to take care of him. My father was very ill, on oxygen. I am sure they could not possibly have consummated the marriage and if they did I would have to call it attempted murder. He couldn't even stand at the altar during the ceremony. Now my question. Since they were married in CA, is his house community property. He inherited from my grandmother and just put it in his name a few m onths ago. Further, he owed my brother 8500 because my brother paid for the rest of the house. My family is not concerned about anything but the house because it ws my grandmother's. Do we have any recourse?

If the house was inherited and was only put into your father's name, then the house is not community property -- it is the separate property of your father. That doesn't mean you are out of the woods yet, because the surviving spouse may still be entitled to a share of the house. did your father have a will? It may be worthwhile to discuss your situation with an attorney.

 

[seniorjudge]

What is the name of your state? CALIFORNIA
My father died in the state of Mississippi. He married a long time on again off again girlfriend. They have been married for less than a year. They were married in California. She never could get everything together so that she could move to Mississippi to take care of him. My father was very ill, on oxygen. I am sure they could not possibly have consummated the marriage and if they did I would have to call it attempted murder. He couldn't even stand at the altar during the ceremony. Now my question. Since they were married in CA, is his house community property. He inherited from my grandmother and just put it in his name a few m onths ago. Further, he owed my brother 8500 because my brother paid for the rest of the house. My family is not concerned about anything but the house because it ws my grandmother's. Do we have any recourse?

If he died in MS and did not leave a will, here is where the stuff will go:

http://www.finance.cch.com/pops/c50s10d190_MS.asp

Mississippi Intestate Succession Laws

If any part of a Mississippi decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* If decedent left no surviving children or their descendants, the surviving spouse is entitled to the entire intestate estate.
* If there are surviving children of decedent or their descendants, the surviving spouse is generally entitled to only a child's part of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's children, and their descendants, in equal parts, the descendants of the deceased child or grandchild to take the share of the deceased parent in equal parts among them.
2. Decedent's brothers and sisters and father and mother and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother to have in equal parts among them their deceased parent's share.
3. Decedent's the grandparents and uncles and aunts, if any, in equal parts.
4. If none of the above relatives are available, the estate descends to decedent's available next of kin in equal degree.

3. State of Mississippi. If there is no taker under any of the above provisions, the intestate estate passes by default ("escheats") to the state of Mississippi.

Mississippi Intestate Succession Law Fun Facts

* Relatives of the half-blood are generally treated the same as whole-blooded relatives, except that the relatives of the whole-blood, in equal degree, are preferred to the relatives of the half-blood in the same degree.
* Evil-doers beware! Any person who willfully causes or otherwise procures the death of the decedent cannot inherit any of decedent's property. Instead, such property descends as if the person causing or procuring decedent's death had predeceased decedent.
* Mississippi's intestate succession laws, as well as other related laws, can be found in Title 91 of the Mississippi Code.

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