My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »
This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or...Read more »
My son was adopted by my parents at an early age. My father believed my son conned him out of his estate shortly after my mother passed. I have an audio recording of my father telling my son this and that he wanted it changed back into his name. My father also stated that my sister and I have just... Read more »
Hire a competent MS attorney today. More than likely the SOL for an Eviction proceeding is blown, and you are still in possession. The owner/plaintiff will probably have to file an Ejectment suit which is expensive and difficult.
Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.
I have only seen the Will of my son’s late father, who passed in 2021. The will leaves everything to our son. However, his parents took control over his businesses, properties, vehicles, guns, accounts, everything. His father is the executor and has not told me a single thing about what is... Read more »
You should file a objection with the Court and inform the Court what is going on. There is no reason for the beneficiary to be homeless if there is a house that has been left to him. You can get a copy of the Will from the courthouse. Go to the Chancery Clerk’s office in the county where your ex...Read more »
The house without permission from 2 of the heirs, and threw out personal belongings in the yard & kept my personal belongings she wanted. The house is still in my mother's name. How do I get my inheritance as being an heir
In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is...Read more »
My father past in 2006 and had no will that I was made aware if recently it has came to my knowledge he had a Ira account but no benifitcy name trying to see what need to be done or could been done in that situation
Hire a competent MS attorney to draft and record an Affidavit of Heirship and Next of Kin. Then make a formal demand on the administrator/trustee. But you may have Jurisdictional problems (like where to sue for conversion) or a SOL problem.
The property was owned by my grandparents, they are deceased and their children are deceased. Thirteen grand children are living. How can I find out who's name the property is in? Two of the grand children have information about the property and will not share the information with the others.... Read more »
Call a MS attorney in the County where the property lies. Hire him to search the title and then see who is presently receiving the tax notices. If it looks profitable, the lawyer will need to determine Heirship, and then record an Affidavit of Heirship. A Partition Action may be necessary.
At the time of my grandmother's death she still owed a mortgage on her house. I paid off mortgage and have paid all taxes and upkeep on property. Her will states house is to be divided between my aunt, her 3 kids and myself. No one has paid anything except me. Her will has not been probated.... Read more »
A person's will cannot be changed after the person has passed.
It sounds like you are living in the house and that is why you have paid the mortgage, taxes and upkeep. When one co-owner pays carrying costs, normally that co-owner is entitled to reimbursement from the other co-owners...Read more »
If your aunt had a trust or will, then the document will say who inherits her assets. If she had no trust or will, then the probate laws will state who inherits her estate. A lawyer would need to know what state your aunt lived in before a lawyer could tell you what the probate laws of that state...Read more »
You as the surviving spouse have a limited period of time to elect against the will after your spouse dies. It is not done for you automatically. If you are in this situation you should hire a probate attorney to help you immediately. The most you can receive by electing against the will is half of...Read more »
Your question makes no sense. More than likely the heirs at law of the deceased parent are the owners of the house. You will need a competent attorney to search the title, draft an Affidavit of Heirship, and draft a Deed to the buyer.
We had put my stepson on the account in the event something happened to us he would have access. My husband passed away suddenly and within a matter of days my stepson had taken entire amount and will not speak to me. Is there anything I can do to get my money back since he was on the account. I... Read more »
This is a classic case of do it yourself estate planning gone wrong. It might be theoretically possible for you to recover the money, but you will have to sue your stepson to get it back, and you will have the burden of proving that the money was yours and not his. You did not say how much money...Read more »
Most decedents die intestate. As such their heirs-at-law take the real property at death, and the next-of-kin take the personal property. If a Will is not Probated it has no effect. A recorded Affidavit of Heirship should be the source of title for the Decedent's relatives. If a buyer...Read more »
If one of the children passes away before the property is split and they have a lien for medical bills, do they siblings inherit that debt or the children? and Do the children inherit that siblings portion of the property?
The possible medical care Lien is against the property, not the Heir's At Law. It is not their personal obligation, but could be executed against the land or the Estate of the Decedent who incurred the medical bills. And the children will take by representation of the deceased sibling. You...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.