The bank requested this because my parent residence
was in the state of MS at time of death affidavit less than $50,000
answered on Dec 1, 2018
You will need to have the executor of the estate contact the bank and show them his/her credentials in order for the bank to even allow access the account. Typically, the credentials that the bank will look for will include an order opening the estate for the deceased parent, as well as an order... View More 
answered on Sep 25, 2018
I'm re-classifying this question as criminal law, so perhaps attorneys with expertise in this area may answer your question.
I worked and rented from the deceased 8 years. I was allowed to stay in the rental house in exchange for work or $300. It varied. I was told I could stay as long as I would like. Well, after he died, the son turns my water off without my knowledge. It was in deceased name, but it was furnished.... View More
answered on May 7, 2018
You can ask them to show you a copy of the lease.
Many leases have a provision that allows termination after some period of time (often a year) and with some amount of notice (often 30 days). Your lease could have been written differently, you could pay the monthly rent and/or show the... View More
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... View More
answered on Mar 27, 2018
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... View More
If I don't pay the taxes, can I then get the land like that?
answered on Mar 23, 2018
Likely not. Contact a local family law attorney to discuss your options, and how the property could/should be handled in an estate.
I have live on the land my whole life and have been paying the taxes.
answered on Mar 21, 2018
Possibly, depending on whether there is a will or your great-grandmother died intestate (without a will). You will likely need to consult an attorney to determine whether ---and to what extend--- you may have an ownership interest in the property.
answered on Mar 4, 2018
You likely need to consult an attorney on this one, so that they can get some additional information. The first question that I have is whether the divorce decree stated who got the house, and who was responsible for the mortgage on the property. That naturally leads into the second question, which... View More
answered on Feb 16, 2018
You're question is unclear. You would likely need to consult with an attorney to explain the situation to them so that they can advise you accordingly.
In a wrongful death lawsuit for my brother, we have agreed on an amount and finished all things required by law. Everything will be completed on our court date in October. When we go to court will the judge or the executor decide upon the division?
Or is there a state law that requires the... View More
answered on Feb 11, 2018
In Mississippi, certain people may get first priority in terms of a settlement or award, depending on the facts of your case.
answered on Feb 3, 2018
The first question to ask is whether there were beneficiaries selected on the life insurance policy. If there were the life insurance proceeds often pass directly to the beneficiaries listed on the policy in the amounts listed.
If there are no surviving beneficiaries, or the form was not... View More
My dad and his wife had a loan together and they put all the properties up to secure the loan. Of those properties 3 of the properties are in my late dad's and wife's name. Which would easily pay the loan off. Would the properties that were left to me have to go up for sale as well? Or... View More
answered on Jan 24, 2018
A probate case would have to be opened to transfer the property to you.
Make a will she wanted me and my sister to half everything would that be the right way?
answered on Dec 14, 2017
Given your mother died without a will you will likely want to contact an attorney about setting up an estate. The estate will be able to deal with your mother's assets and move the property interest to the heirs. It sounds like you and your sister would be the heirs at law if your mother was... View More
Not on the deed they are trying to remove me from the home can they do that?
answered on Sep 20, 2017
Probably not. If you lived with your husband in the home (that they're trying to remove you from) and he owned it in his own name, you may still have a legally protected homestead interest in the property even if your name is not in the title record. If you still live in the property and... View More
Father died recently. Sister named as executor of his will. House left to the 2 of us in the will. She wants to rent out the house now. Can she do this before the will is taken to a lawyer and probate started?
answered on Mar 20, 2017
Assuming your father has passed and his name alone was on the property, no one can do ANYTHING until probate has begun. You both (but particularly your sister who is the executrix/personal representative) need to consult with an local probate attorney ASAP and BEFORE you do anything with your... View More
to be repaid when apartment is transferred ( I sell it or die) He died. Can his estate legally force me to repay the loan now as part of the estate and just take it out of my distribution? If not, what do I have to do to stop them?
answered on Feb 12, 2017
It's impossible to say without having looked at the note and mortgage. It may be a demand note, payable on demand by the note-holder, which now may be his estate. Or it may be flawed or unenforceable for unknown reasons. Take the note and mortgage and all other documents you think are relevant... View More
One of the brothers has not paid any of the taxes, insurance or utilities since 2004. And is living in the home. Does he have legal right to his share. Or can I and my other brother take his share from him?
answered on Sep 10, 2015
This just is not a fast food restaurant where you can get what you want quickly. The whole matter must be reviewed by an attorney in your area. It might be possible to bring a partition action. Or something else might be possible in your state.
He was an alcoholic and his mother and father took advantage of him until he died. He was disabled and had his mother as payee on SSI and never got his check and was unable to conduct business due to issues to his brain from alcohol and liver failure. All things that they had him do without me... View More
answered on Jun 7, 2011
Being on SSI indicates he had a very small estate. You may be able to obtain the assets in his bank accounts using an affidavit of successor in interest. An attorney can prepare it for you. As to the other property, you may need to open a probate of his estate with the assistance of an attorney.... View More
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