Legal Question in Wills and Trusts in Mississippi
will????????
I was included in my stepmothers will with her two sons to be split 1/3 to each after her death land and home was to be sold and split and all other assets to be split 1/3. her son is executor. At the time of her death I now find out that she has sold all of land and house 3 months before for half of market price,and has also liquidated all cattle and all farm equipment.and her sons are telling me there is no cash ( 50,000-60,000 ). is there a way to make them account for this large sum of money vanishing they are saying there is nothing left to split?
last month the executor was broke and now he has payed for the funneral by cash and has no money problems. PLEASE provide any assistance or advice...
2 Answers from Attorneys
Re: will????????
We recommend consultation with a probate lawyer about a case of "undue influence" concerning the facts you mention.
Sale of assets that close to death for less than the reasonable market value raises a suspicion that the deceased was led to do something irregular which resulted in you being effectively cut off from your inheritance.
Email us with your place of residence if you wish a recommendation.
Re: will????????
If there were fire sales close to the time of death, then there may be some type of undue influence by the caretakers. Additionally, if the estate has been probated, then the administrator/executor will have to file an accounting. If you think there has been foul play, and if you have evidence to support that, then you can petition the court to remove the acting executor.
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