Legal Question in Wills and Trusts in Mississippi
More from one of the heirs? posted on 8/3
I am one of the children/heirs involved in the previous question posted on 8/3. Unfortunately, more information is being made available to me during my visit back home to see my aging mother.
The relative my sister and I do not want to occupy the real estate it turns out, is my Mother's named Executor. She is also convincing our Mother to give her Power of Attorney. The problem is that our mother has been supporting this relative's lifestyle for a number of years. The relative has no income to maintain her lavish lifestyle, or known'recreational hobby'...A sizeable amount of cash has dwindled due to supporting this relative, and with her named as Power of Attorney, her plans include the sale of the most valuable property.
My questions are: Is there anyway we can block our sister from becoming Power of Attorney, and can we block her from maintaining her Executorship?
Second: Our mother has made a hand written adjustment to her will on plain paper. Will that hold up in Probate, or should the will be rewritten.
Thank you in advance for your interest.
2 Answers from Attorneys
Re: More from one of the heirs? posted on 8/3
If your mother is not competent to handle her own affairs and someone is taking advantage of her, you need to consult an attorney about establishing a conservatorship and gaining legal control of your mother's estate before she passes. Otherwise, if your mother is competent and physically able to handle her own affairs, she can do whatever she wants to do with her estate.
Re: More from one of the heirs? posted on 8/3
Mr. Nimocks is correct. I would add that if your mother is competent, she should visit an attorney for advice about her best interest. Talk to her about your concerns and persuade her to consult with an attorney. The handwritten amendment may be no good. If she is the widow of a miliary retiree she would be entitled to free legal assistance at Keesler. Also Jim Wilson in Gulfport seems to specialize in estate planning for the elderly.
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