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If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.
Though there is no deadline for filing probate in Mississippi, the court is legally allowed to compel surviving family members to present their loved one's will. In that case, you would be required to file probate within 40 days of their death.
Ways to Avoid Probate Joint Ownership with Right of Survivorship. ... Transfer-on-Death Deed. ... Beneficiary Designation and Payable at Death Provisions. ... Trusts. ... Small Estates. ... Muniment of Title.
If you die with children but no spouse, your children will inherit everything. If you die with one child, your spouse gets half of the intestate property and your child gets the other half. If you die with two or more children, your surviving spouse and children each get an equal share of your intestate property.
If the heirs cannot (eventually) come to 100% agreement, the Center will never file an action with the Court. Disagreeing heirs in a courtroom risk losing the land to a forced partition sale.