Legal Question in Wills and Trusts in Mississippi
rigts of heirs in mississippi after death of the father
My father past away in april of 2004 in the state of mississippi.he survived by my stepmother and his three adult children over 40.there maybe a will or not.my questions are : what rights do we have, under mississippi law, as surviving children to his estate if there is a will?,rights if there is no will?, can the stepmother refuse to show us a will?,how can we find out about existence of a will?,how much attorney should charge us for his time?please reply.
1 Answer from Attorneys
Re: rigts of heirs in mississippi after death of the father
If there is no valid will, you have the right to inherit an equal share with your siblings and stepmother. If there is a valid will, your rights are limited to what the will provides unless you can show that your father just forgot about you when the will was prepared. To force the question, you will need to petition the court to open the estate and appoint you as the administrator. The cost runs about $150/hr of work by the attorney. If there is a will, you can then have it produced and the estate will then be administered by the executrix or executor.
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