Get free answers to your Probate legal questions from lawyers in your area.
answered on May 5, 2022
Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.
I have only seen the Will of my son’s late father, who passed in 2021. The will leaves everything to our son. However, his parents took control over his businesses, properties, vehicles, guns, accounts, everything. His father is the executor and has not told me a single thing about what is... View More 
answered on Apr 27, 2022
You should file a objection with the Court and inform the Court what is going on. There is no reason for the beneficiary to be homeless if there is a house that has been left to him. You can get a copy of the Will from the courthouse. Go to the Chancery Clerk’s office in the county where your ex... View More
answered on Mar 25, 2022
All of your father’s children will inherit equally from his estate. However, the children born outside the marriage will have to prove paternity if he was not legally declared their father.
Can this child file an affidavit of heirship in lieu of probate to have the one piece of real estate transferred to him?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2022
The Affidavit of Heirship attests to the Heirs owning as Tenants In Common. It does not transfer anything. Your Relative should hire a competent MS attorney to search the Title, and execute the
Affidavit. He may or may not be an owner or the only one.
The house without permission from 2 of the heirs, and threw out personal belongings in the yard & kept my personal belongings she wanted. The house is still in my mother's name. How do I get my inheritance as being an heir
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2022
You should probably hire a competent MS attorney to file an action for Partition.
Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.
He is in hospice and not mentally able to do anything like sign anything over or make a will.
I want to get the... View More
answered on Feb 20, 2022
In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is... View More
My father past in 2006 and had no will that I was made aware if recently it has came to my knowledge he had a Ira account but no benifitcy name trying to see what need to be done or could been done in that situation
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2022
Hire a competent MS attorney to draft and record an Affidavit of Heirship and Next of Kin. Then make a formal demand on the administrator/trustee. But you may have Jurisdictional problems (like where to sue for conversion) or a SOL problem.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
