Legal Question in Wills and Trusts in Mississippi

blocking probate

Husband went to Mississippi to help

with terminal parent,he died suddenly

and I was threatened not to come to

funeral.On death certificate he is listed

as divorced. His parents did this on

purpose. Any questions are directed to

parents attorney who gives me a

runaround.When they realized I am not

going away my mother-in-law sent a

declaration saying that now she

recognizes me as his wife and that I am

administrator of his estate, however I

still cannot do anything with the death

certificate the way it is. what do I do?


Asked on 10/15/06, 3:10 pm

2 Answers from Attorneys

Mary Milek Milek Law Firm

Re: blocking probate

If the death occurred less than one year ago, you can contact the funeral director who filed the certificate for corrections. Look in the section labeled �disposition� on the left-hand side of the death certificate, if you do not know who handled the arrangements.. If the death occurred longer than one year ago, you will need a court order to have it changed.

You may also want to consider a civil action against the person named on line 19a of the death certificate, if you can prove this person knew or should have know that the deceased was married to you at the time of his death. Damages in a case like this may be difficult to prove, but I personally think most judges would be appalled by this type of behavior.

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Answered on 10/15/06, 4:03 pm
Robert Roemer Robert Roemer

Re: blocking probate

I am sorry to hear about your tragedy.If your facts are correct(you were legally married to your husband,etc)this is all a bluff by mother in-law .As a surviving spouse you have different rights to your husbands estate depending on whether he had a will or not.There are many legal things you can do now.If you want me to assistance you call me at my office or send me an e-mail

advising me how I can contact you by telephone.If not seek the advise of an competent attorney now.

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Answered on 10/15/06, 5:14 pm


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