Legal Question in Wills and Trusts in Mississippi
Rights to information as heirs
My spouse is the heir to an estate of a relative who passed away last year. We have been contacting the attorney (who is also the executor) for updates once or twice a month. We have only requested information pertaining to the timeframe, amount owed on taxes, etc. The attorney asked my spouses parents to ''speak with us'' because he claims our inquiries make him feel incompetent. We feel this is highly inappropriate because we have not questioned the attorney's competency or handling of the matter --we only want to be kept informed of the progress on the estate. Exactly how much information are we entitled to? Thank you.
1 Answer from Attorneys
Re: Rights to information as heirs
As executor for the estate the attorney is not your attorney. He is responsible to identify all assets, make reasonable efforts to identify debts and use the assets to pay those debts. He then is responsible to distribute the remainder of the estate according to the will. If he fails to fulfill those duties, reasonably protect the assets, account to the court, or move the probate forward in good faith, he can be removed as executor. You should consider hiring your own attorney.
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