Legal Question in Wills and Trusts in Mississippi

Re: Left No Will

Your grandmother died 'intestate' (she had no will). Someone (typically a spouse of child) must qualify as the Administrator for her estate.

The Administrator will be responsible for paying all estate debts and expenses (e.g. medical, funeral, taxes, etc.) and will be responsible for selling the house and making final distributions to the 'intestate heirs.'

You should seek legal advise from an experienced trust & estate attorney to help you.

Re: Left No Will

When a person dies without a will, the NJ laws regarding intestacy govern the distribution of her "intestate" estate.

If there is no surviving spouse or children, the statute determines who gets what after just debts are paid. An Administrator will be appointed by the Surrogate's Office in the County where she resided upon her death typically next of kin to administer the Estate to pay off the funeral expenses or other just debt and then divide the remaining assets as set forth in the statute. The use of a NJ attorney is invaluable to assist in such matters. Of course, more information is required to answer this matter more completely.

Re: Left No Will

You indicated the question relates to Mississippi law. If your grandmother's domicile is in Mississippi you are correct. The house belongs to her heirs but it is subject to being sold if her bank accounts and other assets are insufficient. Anybody can petition the court to have an administrator appointed to settle her estate. Family members are preferred over strangers as the administrator if one of them petitions the court within 30 days after the demise. A person appointed as an administrator will have an attorney to represent the estate and who will do all the legal notices and filings. The administrator is primarily responsible for identification of assets, protecting them, and distributing them to the deceased's heirs after the creditors have had reasonable opportunity to make their claims. The costs of the administration have first priority on the estate assets.