Mableton, GA asked in Real Estate Law for Mississippi

Q: Need legal advice on property after someone passes away without a will or estate.

Need legal advice. Parent passed and left 4 children without a will. The eldest was unable to attend to matters after the parent passed and left another sibling to manage affairs. Now the sibling left to manage property is unable to keep up with property taxes and subject to miss payments and lose the property. The eldest sibling is asking for the return of the deed to the land in order to pick up tax payments. The sibling is refusing to turn it over. What are the options to acquire the access to the deed and continue to pay property taxes? Is there a legal document that can be created to serve the interest of all 4 sibling in the event of a sale to get equal shares from the profit of a sale?

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

A: Unfortunately, without setting up an estate for your parent, there is not a whole lot that can be done. Your best bet is going to be to get with an attorney sooner rather than later, so that the lawyer can set up an estate, appoint someone to manage the estate, and facilitate transfer or sale of the property.

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