Legal Question in Wills and Trusts in Mississippi
agreement
My dad recently died and left no will. He owned a housetrailer and had two insurance policies. His wife was incarcerated at the time. I wrote up a paper that allowed me to dispose of any personal property to offset funeral cost. There were also papers authorizing the insurance companies to send payment to me. She agreed to all, signed the papers and they were notarized. Now she is out of jail and wants to go back on the agreements. She wants to move back into the trailer, although I have reached an agreement to sell it to someone. Can she do this?
1 Answer from Attorneys
Re: agreement
Assuming she gave you power of attorney while she was in prison and that you acted in the scope of your authority as her agent before any revocation of the authority, she would be bound by your agreement on her behalf. Under the law of descent and distribution, you each own 1/2 undivided interest in the property if you are your father's only child. Probably the best course of action for you would be to have your father's estate administered and the property sold pursuant to court order.
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