Legal Question in Wills and Trusts in Mississippi

Question about timing of opening an estate following death

My step-mother passed away 8 months ago. Prior to her death, she had signed a promissory note acknowledging her debt to me of $28,000, payable after her death. Her daughter-in-law (who had power of attorney for her) is the executor of the estate. I have notified her that I wish to file the claim for the money owed to me, but I understand from a local attorney that she has not ''opened the Estate''. Is there a time limit to open the Estate? If not, how do I go about getting my claim addressed? I am concerned about her assets being depleted in the interim. Thank you for your help.


Asked on 9/06/02, 12:15 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Question about timing of opening an estate following death

You can petition the court to appoint the county estate administrator as a temporary administrator. Then after 90 days you may bring suit against the temporary administrator and execute on the estate the same as any other judgment debtor.

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Answered on 9/06/02, 8:38 am


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