Prince Rogers Nelson – better known to the entertainment world as Prince – died April 21 at age 57 at his Paisley Park home in Chanhassen, Minnesota.  Tyka Nelson, Prince’s sister, filed a motion in Carver County (Minnesota) District Court to have a special administrator appointed to oversee the late musician’s estate, saying that to the best of her knowledge he left no will.  Nelson’s motion lists herself and Prince’s five living half-siblings and a deceased half-sister as his potential heirs.  The filing states that his assets are unknown.
Who gets what?  We are often asked about probate and who inherits if an unmarried client has children and step-children, or if the client is an heir of a deceased parent and has step-brothers or step-sisters.  When a person dies “intestate” (without a will), state law governs who will be the heirs to take by inheritance.  Based on Minnesota laws, it appears that Ms. Nelson must share her brother’s wealth equally with her half-siblings.  However, if Prince had died a resident of Mississippi, Tyka Nelson would have inherited it all.
Minnesota Statute § 524.2-103(3) provides that where the intestate deceased person dies with no surviving spouse, parent, children or other descendants, his estate will go “to the descendants of the decedent’s parents or either of them by representation.”  Section 524.2-107 of their statutes says that where the decedent has both whole-blood siblings and half-blood siblings (step-siblings):  “Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.”
Mississippi law provides in part, regarding intestate inheritance:  “When there shall not be a child or children of the intestate nor descendants of such children, then to the brothers and sisters and father and mother of the intestate and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother of the intestate to have in equal parts among them their deceased parent’s share.  (Mississippi Code § 91-1-3)  Our law regarding inheritance by half-blood siblings states in section 91-1-5:  “There shall not be, in any case, a distinction between the kindred of the whole and half-blood, except that the kindred of the whole-blood, in equal degree, shall be preferred to the kindred of the half-blood in the same degree.”  (underline mine)  Therefore, Mississippi law would award all of Prince’s estate to his single whole-blood sister and would exclude his three half-brothers and two half-sisters entirely.
Further, under Mississippi law, if Tyka Nelson were deceased and had surviving children, her children would take her portion “by representation” – that is, as though they stood in her shoes.  The 1983 case of Jones v. Stubbs, 434 So.2d 1362 (Miss. 1983) held that the children of William Stubbs’ deceased whole-blood brothers took his estate to the exclusion of his surviving half-sister.
So, you see, the state writes you a will if you don’t do one.  It’s called the inheritance law.  If you don’t want to leave your estate planning to the State of Mississippi – or another state where you may live at the time of your death – then call us today to help you design the best will or trust for you and those you love.
To arrange a meeting to discuss your rights and options, contact our office online or call us at 601-987-3000.