Legal Question in Real Estate Law in Mississippi

Estate after a death

My father died over 2 years ago. He lived in my grandparent's home and they have been deceased for quite a while. The house is in Mississippi. My sister who lives there hired an attorney to put the home in my father's childrens name. To date, the home is still in my grandparent's name. I'm scared that we will lose the house. What should I do? I live in Texas. Can I have the property transferred without a lawyer? We have already given the lawyer money.

Asked on 6/22/09, 3:47 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Estate after a death

Recording affidavits of heirship in the chain of title may meet your needs. Otherwise, probate of your father's estate and a determination of heirship may be the better course. In any case, the property is already owned by the heirs, and it is up to them to protect it from creditor claims, tax sales, adverse possession (10 years of open notorious possession by one), and etc. Opening an estate requires the assistance of an attorney. Recording affidavits does not, but determining the heirs may require some knowledge of the law.

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Answered on 6/23/09, 9:37 am

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