Heirship in Mississippi

My husbands family own the oil rights to 124 acres in Mississippi. My husband passed 5 years ago and his brothers leased out the rights. Am I entitled to my husbands part? I live in Louisiana and realize different states have different laws. Does anyone have knowledge about this?

Dear Ms. Netterville,

If the family owned the minerals, at what point did the brothers own (assume inherited) the minerals? If your husband pre-deceased his mother and father, for example, then their will would control. You are not an heir of your father-in-law, for example. It would have to be bequeathed to you in his will.

If your husband and his brothers inherited the property before he died, then this would be his property and subject to his will, if he left one. If not, then the interest would pass according to the laws of descent and distribution in Mississippi. Here is a link to an easy to understand article on that process.



Buddy Cotten