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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114029
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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After a judge declare heirs to an estate in mississippi what

Customer Question

After a judge declare heirs to an estate in mississippi what is the next step
Submitted: 5 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 5 years ago.
Once the judge declares the heirs, then the estate assets and debts are accounted for and once all debts are paid off the judge orders a distribution of the remaining estate assets to the heirs. This may include selling off of any real estate or the division of the real estate amongst the heirs.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Customer: replied 5 years ago.
So is it necessary to do a publication of heirs......and what if the publication for the debts has already been done. This is a case that has been going on for 5 years and it's a very old case because the land was stolen and the judge just declared the rightful heirs. It's a case that's 80 years old which the land belong to my great great grandfather and the lady at the time claimed to be his wife but he was never divorced from my great great grandmother so we just got the land back. How long will it take for them to open the probate and give us our money.
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, to ensure that all heirs were accounted for a judge can order the publication for heirs. If the publication for creditors has been done, then it is typically not ordered again, unless there is some proof that new debts of the estate may have been accrued while this has been going on. As far as how long it will take to complete the probate, now that the heirs have been declared the judge should be able to complete the probate in 6-12 months depending on how busy the court calendar is.
Customer: replied 5 years ago.
Can the heirs request the money that's been holding in probate while it's getting publicated?
Expert:  Law Educator, Esq. replied 5 years ago.
No, the judge will not release any of the money until the matter is finalized.
Customer: replied 5 years ago.
Okay last questions then I will accept the answer.....Do the judge have to declare heirs in open court? 2. It's been a week since court, we got word yesterday that the judge made her decision however, we have to wait on the trascripts that shows who the heirs are, how long will it take to for the transcripts to be completed and is it true that they list the heirs in the transcripts? 3. So basically this is not the end even tho it's been going on for 5 years and the oil company is ready to pay the true heirs?
Expert:  Law Educator, Esq. replied 5 years ago.
No the judge can declare the heirs in a written order and it does not have to be in open court. 2) Sometimes it can take 30-60 days to get the written order, it all depends on how busy the court is at the time. 3) It is not the end but it is getting close and eventually the heirs will get paid off.
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Customer: replied 5 years ago.
Thank you so much for all of you answers to all of my questions.
Expert:  Law Educator, Esq. replied 5 years ago.
Thank you.
Customer: replied 5 years ago.
What is a court order disbursement file?
Expert:  Law Educator, Esq. replied 5 years ago.
The court order of disbursement is what is filed once all of the bills of the estate are paid and the final taxes and final accounting are completed. The administrator of the estate files a court order of disbursement which authorizes them to give the money out to the heirs.
Customer: replied 5 years ago.
Awesome, so 2 questions. 1. Does that normally means that the heirs have been declared and 2. How long do they normally have to disburse the money to the heirs.
Expert:  Law Educator, Esq. replied 5 years ago.
1) The heirs should have been declared by this point, but you need to check to see if they actually included all of the real heirs.

2) Generally the money must be distributed within 30 days of the order.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 5 years ago.
Paul,

I called the attorney and she's saying that the heirs haven't been determined however, the court house is saying they have a court order disbursement file that has over 225 pages. I mean naturally what would be in there. Will they list the heirs name or how would that go.
Expert:  Law Educator, Esq. replied 5 years ago.
You need to get a copy of the court file and get a copy of that document because if there is disbursement ordered then heirs are named so you need to get this document.
Customer: replied 5 years ago.
I have another question.....what is the difference between a probate account and a class action law suit. Additionally, how would the money be distrubted among the heirs in a class action law suit.
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, there is a difference between a probate account and a class action suit. The class action is where a group of people have filed suit to recover money on the same theory. When money from a class action goes to an estate (probate account) then if the suit did not specify the percentages going to each heir, then the presumption is all heirs will get an equal share, so if there are 10 heirs, for example, each heir gets 1/10 of a share.
Customer: replied 5 years ago.
What about an settlement? If the family fought for the oil company to pay us how should that money be split? If it's a settlement.
Expert:  Law Educator, Esq. replied 5 years ago.
If the settlement does not specify, then it is the same thing, it is presumed to be equal shares.
Customer: replied 5 years ago.
Is there a statue or code that specify that a settlement if not specified will be equal shares. Also, would the judge allow the family to agree on how the money should be divided
Expert:  Law Educator, Esq. replied 5 years ago.
It is not a statute, it is a legal presumption. Of course if the heirs agree to the division they are free to do so.
Customer: replied 5 years ago.
I have a question.....my father childrens that's being ruled out of the inheritance case, open up an estate in his name in the county he lived in before he died so they can try to get in that way. The case right now is in Yazoo County and they open up a case in Humphrey County can I get advice on what we can do to get this thrown out. Also, they are involved in the case that's going on in Yazoo, however because they were told that they will be ruled out as heirs...they went to the Humphrey county to open an estate up without our knowledge.
Expert:  Law Educator, Esq. replied 5 years ago.
The cannot open the new case and you need to file a motion to dismiss based on the case already being filed in Yazoo County and you need to do so immediately and the Humphrey County court will dismiss the case.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 5 years ago.
So you think we need a lawyer, because the case currently is under my great great grandfather but my father would have been an heir, therefore, I am his heir....and since the judge is ruling them out.....they have open up an estate in My fathers name in humphrey county. So do I need a lawyer from there. and is that still grounds of dismissal even tho the current case is under Albert Gardner and my father AC Claybore is named as a heir. Also, They names are XXXXX XXXXX the case in Yazoo under Albert Gardner.
Expert:  Law Educator, Esq. replied 5 years ago.
If they are opening a new estate under your father's name and you do not have an estate open under your father's name already, then they will be allowed to do so, but they have to open it in the county where your dad was a resident. You most certainly need an attorney at this point, as I believe I told you before, because there is a contest to the will.
Customer: replied 5 years ago.
What can we do to stop them? What should we be asking the attorney to do for us?
Expert:  Law Educator, Esq. replied 5 years ago.
The attorney needs to intercede in the estate of your father, since you were not notified and protect your rights in that estate.