Asked in Probate for Mississippi

Q: Will I still be included as an heir at law if I did not attend hearing or respond by specified date?

My brother died in October of 2017. He had no wife or kids. My sister died in December of 2017. It is my understanding that my sister's son, daughter, and I are his only heirs. He did not leave a will and my niece is administrator of the estate. I was sent a document called a petition to determine heirs in which my name was included as one of the known heirs. I just found out there was a publication in the newspaper saying all heirs should contact the attorney by a certain date and included the date of a hearing. The hearing has already occurred and I was not made aware. How does this affect me? My niece refuses to talk to me. I only found out about the estate because I called the lawyer myself. Do I have any rights at all to know what is going on? How do I need to proceed?

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1 Lawyer Answer
Arthur Calderon
Arthur Calderon
  • Cleveland, MS
  • Licensed in Mississippi

A: You may need to consult an attorney to review your case. If you were named as an heir in the petition, there is a fairly good chance that you were determined to be an heir during the heirship hearing. Assuming that you were designated as an heir, then you may be entitled to a share of your brother's estate.

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