Legal Question in Wills and Trusts in Mississippi

Mother in Law did not have will

My Mother in law passed 12/26/01 she did not leave a will. my husband has one sister that it trying to control everthing. there is a house and car involved also and insurance policy which is paying for funeral. the house has a 2 mortgages and the car has about a yr left. there are 3 adult children involved. what needs to be done about the house and car? how do we get sister in law to work together?


Asked on 1/02/02, 1:07 am

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Mother in Law did not have will

On 1/2/02 I received your msg posted 1/2/02. This response is not confidential and is based solely on the facts presented in your email. Also, it is not based on any supporting examination of the law. Instead, this response is based on my general experience, and resulting opinions. No attorney-client relationship is formed by this response.

An attorney will need to be hired to arrange administration of the estate. All the interested family members need to go through the house and make a list of the most significant items. All significant items at risk for being taken need to be placed in a rental storage unit under two locks requiring two family members to agree before the units are reopened. Also, your husband needs to make sure the building and vehicle continue to be insured while matters ar sorted out. Once the property is secured and an administrator is appointed the court will control what is done and the law controls who gets what. The administrator should probably be the sister since she is most willing to take care of matters, and the law allows the administrator to receive some compensation for the service.

Lastly, the car and other valuable personal property in the estate need to be sold to pay the cost of administration. Until the car is sold, nobody should be driving it. If possible, it should also be placed in a rental storage unit.

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Answered on 1/03/02, 1:33 pm


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