Raymond, MS asked in Probate for Mississippi

Q: I was named as executor of my mothers will. However she had nothing to probate.

Her will wanted her bills paid and i plan to do that from annuity money left to me. I also want her medical records. Her asst living facility wont cooperate. Do i need to probate to get a letter of testimentary for this reason and do i really need a lawyer in court when theres nothing to probate? Or will an affidavit by me as an heir as provided in ms code 41-10-3 work? Or what about just the fact im her only child? She had no bank acct it was closed out by her POA. The POA failed to keep her bill current at the asst living hfacility but they want to only deal with the POA. Im trying to take care of this and they dont want to let me it seems. Since authority as POA stops when my mom died why wont they deal with me and let me handle this? The POA has washed their hands of it and I as executor and heir and the only child want to get this over and done with and they just wont let me. What do i do?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN

A: So called "POA" lost his authority when the principal died, so no POA exists. It does not sound like Probate is needed. Annuity almost certainly passed outside of Estate to designated beneficiary. Decedent's bills are not yours. It sounds like it is over already.

Are you sure Decedent had no land at death? You are not an Executor unless a Will is Probated.

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