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?
2 Answers from Attorneys
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.
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.