Legal Question in Wills and Trusts in Mississippi
Preventing 1 heir from occupying the real estate
Our Mother is 92 years old and in bad health. She does have a will. There are three children that are heirs to the estate, which includes 2 houses. What can we do to prevent one of the children from immediately occupying these houses, while the will goes through probate?
2 Answers from Attorneys
Re: Preventing 1 heir from occupying the real estate
Once the will is admitted to probate, the executor is in control of the estate assets. If someone impermissibly occupies one of the estate assets, the executor can file a petition in justice court to evict the improper occupant. The executor also has the power to change the locks and remove property (but not throw it away).
Re: Preventing 1 heir from occupying the real estate
Contact an attorney to arrange for a conservator to be appointed for your mother if she is unable to manage her affairs. If she is of sound mind, she might want to instead give someone her durable power of attorney to manager her property and/or business matters.
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