Grandmother left the house to my uncle through a warranty deed. Uncle passed 6 months after grandmother. Uncle left house to me through a will. Uncle never went and did anything to have the house put in his name other than the warranty deed grandmother did. What do I do now? I am the only one named... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2023
If the Will is not filed for Probate then Uncle's Heirs own the property as tenants in common. If you and the niece are the only heirs, then you might get her to deed her interest to you, with a derivation clause describing heirship. Whatever you do, hire a competent MS to search the... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
Probate is probably not an option after 21 years. If you are not an Heir, or there is an adverse occupant, then you may not own any interest at all. Hire a MS attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will give you a source of title.
I recently paid off the mortgage as I have remained living in the home since her death.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2023
Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.
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?... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2022
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... Read more »
My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »
answered on Jun 14, 2022
This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... Read more »
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.
She had 2 life insurance policies naming me as the only beneficiary. She also had joint checking account with me. I have received 3 checks since her death made out to her estate (the checks were for reimbursement of some insurance premiums). Bank says I need to open an estate account & deposit... Read more »
answered on Nov 29, 2022
No, you can complete a small estate affidavit and present that to the bank.
Mother died without will in MS. One of 9 heirs was unwilling to compromise on division of land and assets, Heirs hired an attorney but courts appointed a non family administrator. What will the attorney use our money for if there is an administrator.
answered on Oct 24, 2022
Mississippi requires a lawyer to draft and file all of the necessary pleadings with the chancery court.
My son was adopted by my parents at an early age. My father believed my son conned him out of his estate shortly after my mother passed. I have an audio recording of my father telling my son this and that he wanted it changed back into his name. My father also stated that my sister and I have just... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2022
Hire a competent MS attorney today. More than likely the SOL for an Eviction proceeding is blown, and you are still in possession. The owner/plaintiff will probably have to file an Ejectment suit which is expensive and difficult.
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... Read 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... Read 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... Read 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... Read 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.... Read 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.... Read 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... Read 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... Read more »
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
