Asked in Probate for Mississippi

Q: My husband died he had no will and he has five kids before we were married my name is on the homestead paper and

Not on the deed they are trying to remove me from the home can they do that?

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
Answered
  • Probate Lawyer
  • Oklahoma City, OK

A: Probably not. If you lived with your husband in the home (that they're trying to remove you from) and he owned it in his own name, you may still have a legally protected homestead interest in the property even if your name is not in the title record. If you still live in the property and haven't abandoned it, you probably have a right to live in it until you die. You should consult an attorney in your state immediately to prevent your husband's family from doing something that might violate your rights but would be expensive to undo. Do not wait to speak with a lawyer. Many offer free initial consultations. Good luck.

PS: My comments here are for general information only and are not advice about your particular situation. They also do not establish an attorney-client relationship between us. Consult an attorney in your state for legal advice.

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