Legal Question in Wills and Trusts in Mississippi

Question about parents wills never probated

My father passed in Sept 2003 and my mother in Jan 2004. My fathers brother was listed as the executor for his will and my sister the 2nd in line. All was left to my mother. My father had just refinanced the house a couple of weeks prior to passing. It has a mortgage. My father also left quite a bit of debt on top of the house. Appx $50,000. He had appx $100,000. in insurance that was left to my mom. I'm not sure of any particulars on my mothers will or if she even had one. My sister grabbed all of that paperwork. My sister had a POA for my mom while she was living after my fathers death. She handled her finances. It's been a year now and nothing has been done to probate either will if there are 2. My sister continues to pay the monthly mortgage, and I can only guess she pays it out of the account she set up for our mother. I'm not sure if it was a surviorship acct or what type it was. I just don't think any of this smells right and have really avoided discussing with my sister as to not cause bad blood, as well as not being finacially able to hire an attorney to deal with it. 1 - Does it seem right? 2 - Is it possible to force this all in to probate with little to no expense? Or do I just sit and wait? Thanks.


Asked on 1/07/05, 8:09 am

2 Answers from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Question about parents wills never probated

You might be able to avoid the expense of litigation by requesting your sister provide you a copy of each parent's will. If there is none, you are entitled to a share equal to your sister. If she uses up the estate before you act, you might be unable to obtain anything from it. If she is not cooperative, you can hire an attorney to petition for your appointment as administrator of both parents estates and then the sister can be required to provide all relevant documents and records to you.

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Answered on 1/07/05, 9:21 am
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Question about parents wills never probated

No, there is no inexpensive probate alternative, especially since you're describing a family circumstance where there is conflict (or potential conflict). I recommend that you consult a local probate attorney as to your best alternatives.

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Answered on 1/07/05, 4:30 pm


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