QUESTION

In the state of Mississippi how long does probate take?

Asked on Jun 12th, 2012 on Trusts and Estates - Mississippi
More details to this question:
My brother passed away in Nov. 2010. He did not have a will. All paper work has been filed and there are 6 heirs. We still have not received the inheritance. The financial advisor who was in charge of dispusring the money has given every excuse as to why the checks have not been dispursed. The attorney for the probate says it''s the financial advior who is holding things up but he has not taken any steps to have this probate closed. Does it normally take almost 2 years for a probate to be closed? There is no one contesting it. It''s pretty cut and dry. Now that we are getting close to a two year mark the attorneya and the financial advisor are not answsering or returning emails. I am ready to contact the MS. Bar association.
Report Abuse

1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
Update Your Profile
Depending on how complex your brother’s property issues were, it can actually take years to close an estate.  Still, the probate attorney and the financial advisor should address your requests for information. Here are some steps to take: Stop phoning or emailing them.  The probate lawyer does not represent you and may have been fired, withdrew or told to not respond to you. Write the executor a polite, businesslike letter requesting a written status update and financial accounting on the closing of the estate and give a 10 business day deadline for the response. Copy all the heirs and the probate lawyer and retain a copy for yourself.  Send it “Certified -return receipt requested.”  While you are waiting for a response.  Search for an attorney with many years of experience to engage on business day 10 if you have not heard from the executor.  You should consider asking the heirs to join you so that you can split the cost.  It is possible that the executor has stolen the assets of the estate and to delay will only make it harder to recover. If the executor is simply a procrastinator you might wish to intercede and take over the completion of the probate. This should be pursued by your attorney, through the court.  As a last resort, you can lodge formal complaints to the Mississippi Bar Association and Financial Industry Regulatory Authority, as well as the licensing or certification authority of the financial advisor – insurance, stock broker, accountant, etc.  However, you do not know that the attorney is at fault and a bar complaint is premature.  Since the advisor is serving as an executor and not as a financial advisor, a complaint to his governing body may go nowhere.  You will be much better off hiring a lawyer to pursue the conclusion of your matter. Afterwards, only make proper complaints once you know the outcomes. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Aug 16th, 2012 at 7:12 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters