Mississippi Probate Questions & Legal Answers

19 legal [2, *]questions have been posted about wills and probate by real users in Mississippi. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.

Recent Legal Answers

can i receive early distribution, hears my cause

Answered 11 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile) | 1 Answer

Who is the trustee of the money? Read the terms of your trust carefully. Go see an estate attorney.

What form do I need to file in order to receive reimbursement for out-of-pocket expenses & hours working as an Estate Administrator

Answered 5 years and a month ago by attorney Terry Lynn Garrett | 1 Answer

An attorney must file the Motion and associated proposed Order.

What happens if more than one person try to be executor of estate

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett | 1 Answer

Either of you can apply to be administrator (the equivalent of executor when there is no Will) but the court will most likely appoint an heir. Hire a local probate attorney to file an applicaiton for determination of heirship and issuance of letters of administration. Your siblings will have to be notified, but not your uncle. Also note that any heir (which your uncle is not) can file a wrongful death suit.... Read Answer

Either of you can apply to be administrator (the equivalent of executor when there is no Will) but the court will most likely appoint an heir. ... Read Answer

A estate in probate evolving 3 individuals,one wants to sell the other 2 do not. Can the two be made to sale?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett | 1 Answer

Yes. After a certain period of time that person can sue for partition. Since the property cannot be partitioned, it must be sold and the proceeds split.

Yes. After a certain period of time that person can sue for partition. Since the property cannot be partitioned, it must be sold and the... Read Answer

My question is about Mississippi Probate.

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett | 1 Answer

Generally speaking, if the purchaser did not know it was fake, you can recover nothing from the purchaser but can sue the "seller" for the purchase price.

Generally speaking, if the purchaser did not know it was fake, you can recover nothing from the purchaser but can sue the "seller" for the purchase... Read Answer

I need help reading a will

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett | 1 Answer

When a Will is admitted to probate, it becomes a public document. Check with the clerk of the local probate court. If the Will has not been submitted for probate, it may not exist. You would then be an heir only if the parent who is a child of your grandparents has died.

When a Will is admitted to probate, it becomes a public document. Check with the clerk of the local probate court. If the Will has... Read Answer

I have a quit claim deed from my father who has passed. Can his surviving wife take the land if it has been recorded in Mississippi

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett | 1 Answer

A quit claim deed does not transfer title. It only notes that the signer quits making a claim to use property (such as an easement over a neighbor's driveway to get to his own land.) If you did not own the land to begin with, it does not matter that your father quit claiming his right to use it in favor of you. You had no title to the land to begin with.... Read Answer

A quit claim deed does not transfer title. It only notes that the signer quits making a claim to use property (such as an easement over a... Read Answer

I am the executor of my late mother will and I got a check in the estate of her name and the bank said I need a letter of testamentary before I can

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett | 1 Answer

You can't. But you may be eligible for a small estate proceeding which costs much less than making a court appearance. Contact a probate lawyer who practices in the county in which your mother died.

You can't. But you may be eligible for a small estate proceeding which costs much less than making a court appearance. Contact a probate... Read Answer

Mom gave house to sister who died, husband had mom deed it to his kids, mom died a week ago, kids want us out before we finish packing up house. Is th

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett | 1 Answer

From your description, the kids are now your landlord and you are a tenant-at-will. In most states, you must leave at the landlord's request. Try to negotiate this with your landlord.

From your description, the kids are now your landlord and you are a tenant-at-will. In most states, you must leave at the landlord's... Read Answer

Selling portions of heir property

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett | 1 Answer

It sounds as though you will need to hire a lawyer to bring a partition action, which could force a buy out or a sale.

Executor of a will has not distributed estate in 3 years. What can I do?

Answered 5 years and 11 months ago by Gerald Gaggini (Unclaimed Profile) | 2 Answers

I just wanted to follow up with you on your estate issue. If you have not yet hired an attorney to represent your interests, give me a call and I will see if I can help you or refer you to someone.

I just wanted to follow up with you on your estate issue. If you have not yet hired an attorney to represent your interests, give me a call and... Read Answer

What can I do if my Mom who had 4 adult children. And one of them decided to change the deeds on my mother property while she’s incapacitated in hosp

Answered 6 years ago by attorney Terry Lynn Garrett | 1 Answer

This can only be done, and then in line with your mother's Will or, if she has not Will, distributing to her heirs at law, by someone who is her agent under a Durable Power of Attorney recorded in the county deed records or by someone who has been appointed guardian of her estate by a court. If your sister is neither of these, you might want to talk with an elder lawyer about getting the apparent fraud undone. You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org) ... Read Answer

This can only be done, and then in line with your mother's Will or, if she has not Will, distributing to her heirs at law, by someone who is her... Read Answer

If the executor of our moms will, texts me and tells me that they don't want our moms home that I've lived in for 12 years. And says its mine, is it?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett | 1 Answer

To be valid anything regarding real property must be recorded in the county deed records. A text is insufficient. Ask the executor to record a distribution deed distributing the property from your mother's estate to you.

To be valid anything regarding real property must be recorded in the county deed records. A text is insufficient. Ask the executor to... Read Answer

What i suppose to do, I just been notified that my DAD had a will and he died six years,was a lawyer suppose to notify me that that their was a will?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett | 1 Answer

No. Lawyers do not commonly keep Wills and spend their days tracking obituaries in the newspaper or deaths reported to the Bureau of Vital Statistics and then notify people named in the Wills. In some states a Will can be admitted to probate some years after death but only to transfer title to real property. Perhaps MS is not one of those states.... Read Answer

No. Lawyers do not commonly keep Wills and spend their days tracking obituaries in the newspaper or deaths reported to the Bureau of Vital... Read Answer

What do I need to do about some land I inherited?

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett | 1 Answer

Contact a local probate lawyer.

Can I leave half my estate to my two grandsons instead of my son

Answered 7 years and 6 months ago by attorney Terry Lynn Garrett | 1 Answer

Your Will can leave things to whoever you wish. In some states you can also specifically exclude people. In states in which you cannot, your Will can state that if someone dies before you, their portion will pass to someone else you name.

Your Will can leave things to whoever you wish. In some states you can also specifically exclude people. In states in which you... Read Answer

If the money from life insurence is left to one child and another child is made the executor, does the money inherited have to go into probate?

Answered 12 years and 8 months ago by attorney William R. Pelger | 1 Answer

generally, insurance proceeds, payable to a living beneficiary, are not probate assets. Ask a local lawyer.

inhertance right

Answered 12 years and 11 months ago by attorney William R. Pelger | 1 Answer

if there is property to inherit, and you are a child, you should be able to inherit- i do plenty of estate where there was no will. the state decides who inherits, wife, child, wife and child equally, it depends on the state. contact a MS lawyer.

if there is property to inherit, and you are a child, you should be able to inherit- i do plenty of estate where there was no will. the state decides... Read Answer

if a family member is specifically left the house in the will, does it necessarily include the contents (furniture, etc.)?

Answered 13 years and 9 months ago by Gale Graham Allison (Unclaimed Profile) | 1 Answer

No, the house and its contents are not automatically included together in probate. The house is considered real property. The contents are considered personal property. They are separate issues – considered differently, valued differently and disbursed differently. But if there is proof (like documentation, witnesses, etc.) that she meant it to include the other things, you never know in a court battle! Take a lesson from this. When drawing up your own Will or Trust, talk with your lawyer about specifically including provisions for disbursement of your personal property. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read Answer

No, the house and its contents are not automatically included together in probate. The house is considered real property. The contents are considered... Read Answer

Find a Lawyer

Ask a Lawyer

Read Legal Articles