Legal Question in Wills and Trusts in Mississippi
Ordered out of my mother's house
I'm my deceased mother's only child. She has a sister whom she allowed to put a mobile home on the land. After my mother's death, my aunt served me with papers ordering me out of my mother's house. My mother's house is on heir property. Can they force me out of the house where I was born?
1 Answer from Attorneys
Re: Ordered out of my mother's house
If the papers are valid court orders you must comply to avoid being held in contempt. Under the laws of inheritance, you will have all rights to the property. However, if your mother willed the property to your aunt, she will be entitled to the property. Alternatively, she may have acquired rights to the the property by some other means. It appears that a court will have to declare what interests you have in the property. You might consider hiring an attorney to help you get back into your home. Typically, such orders involve a hearing within 3 days and the action of having you summarily removed may entitle you to damages against the judge for violation of your Constitutional rights to due process.
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