Olive Branch, MS asked in Probate for Mississippi

Q: Do I need an lawyer for getting my husbands cars,property etc. in Mississippi? He passed away.

He was an alcoholic and his mother and father took advantage of him until he died. He was disabled and had his mother as payee on SSI and never got his check and was unable to conduct business due to issues to his brain from alcohol and liver failure. All things that they had him do without me knowing are now coming at me since he passed away. I have no medical documents at this time stating his mind frame.

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1 Lawyer Answer
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
Answered
  • Probate Lawyer
  • Ocean Springs, MS
  • Licensed in Mississippi

A: Being on SSI indicates he had a very small estate. You may be able to obtain the assets in his bank accounts using an affidavit of successor in interest. An attorney can prepare it for you. As to the other property, you may need to open a probate of his estate with the assistance of an attorney. Your last sentence indicates you are considering the possibility of contesting his transfers of property to his mother because of undue influence and incompetence. That will also require the services of an attorney.

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