Get free answers to your Probate legal questions from lawyers in your area.
Where can I get a copy of his will?
answered on Oct 19, 2021
If the estate was not probated, then you will have to get a copy from whomever has it. If it was probated, a copy should be attached to the petition filed at the courthouse.
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.... View More 
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answered on Jul 28, 2021
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.... View More
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answered on Jul 9, 2021
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... View More
A non-lawyer told me all four children should be named in the will even if some are not beneficiaries. True in Mississippi? The children are adults.
All her siblings are deceased
answered on Jun 14, 2021
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... View More
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answered on Jun 1, 2021
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... View More
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answered on May 1, 2021
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.
answered on Feb 25, 2021
You would need to change the title. See if your state has a small estate process for situations like yours. Short answer is yes.
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... View More
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answered on Feb 14, 2021
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... View More
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answered on Oct 6, 2020
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... View 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?
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answered on Jul 16, 2020
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... View More
The business was hers for over 50 years and in her name. Does her second husband get the money or does it have to be divided with heirs or even returned?
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answered on Jul 8, 2020
The stimulus check is now an asset of your mother's probate estate. It does not have to be returned. The answer to the question of who gets that money depends on a lot of factors such as whether or not your mother had a will and, if she did have a will, what she said in it about the... View More
The property is heir property and the owner would sell it, but believes all heirs would need to be involved(3 total). The owner has been the only heir involved at all with this property and has paid the taxes on it for at least 11 years. This piece of property joins to mine and I’ve maintained... View More
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answered on Jun 16, 2020
Hire a competent attorney to first conduct a title search. Then he needs to determine heirship and record it with an Affidavit of Heirship. Finally get a Deed executed by all Heirs At Law over to you. They may demand some monetary consideration.
Her will stated that the 1 acre of land be put in my name to sell it and distribute the money to the 5 siblings. No other property , no bank account , no insurance , just the land.
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answered on Jun 11, 2020
Probate will not help at all, unless there is a surviving spouse. In fact it may draw creditors that you do not know about. File an Affidavit Of Heirship which shows the six siblings' source of title as heirs. Then all of you can sell it or deed it to one owner.
Ex husband died. Truck title in (his name OR my name). He did not change over the truck title. We divorced 5 yrs ago and he remarried 2 years ago. We have a 20 year old son. Is the truck mine or is my son 50% heir to the truck along with the new spouse? We did have PSA that stated he was given... View More
answered on Apr 21, 2020
Although a divorce decree can reassign the ownership of a vehicle, the decree does not invalidate the title. At a bare minimum, his one half interest in the vehicle is a probate asset. You should schedule a consultation with a local probate attorney.
My husband made a loan and used a lot of our household stuff.Can they take that from me or make me pay his debt? We live in Mississippi which is not a community property state.
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answered on Jan 23, 2020
If you stop making the payments, they can take the collateral for the loan. This is true whether or not they make a claim as a creditor in probate.
his estate. I have never seen his will or anything. She claims he has a lot of debt. She is wanting my social security # because she cashed his check for December the month he died. She states she needs that so they can take the funds out of the estate. Thank You Annette
answered on Jan 12, 2020
The only way that she can legitimately be put in charge of the estate is if she already filed the paperwork with a chancery court and the court appointed her as the executrix over your father's estate.
My husband was retired military and we where having problems but was never divorced.
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answered on Jan 8, 2020
That is fraud and theft and other things. Hire an attorney to pursue the claim against your brother in law.
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answered on Sep 25, 2019
There is no standard, fixed price for probate and there is no standard, fixed price for creating a will. Every case is different. Some are relatively simple. Some are relatively complex. Your best bet is to make an appointment for a personal consultation with a local estate planning attorney... View More
Mother in law passed away 7_23_19
She found out in June 18 she had cancer
Her husband left her for someone else
They were not divorced at the time of her death. Her son ( my Husband) took care of her after her husband abandoned her
What should my Husband do?... View More
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answered on Aug 6, 2019
Take your mother-in-law’s will and a copy of the deed to the house to a Mississippi probate attorney. If there was no will, just let the attorney know. A lot depends on whether there was a will, how it was written, and how title to the house was held, so no answer can be provided in this forum
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