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rsa.esq
rsa.esq, Lawyer
Category: Legal
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Experience:  Sworn to the California Bar in 2011. Former staff editor at The New York Times Co. and seasoned news professional of 20 years experience in the U.S. and abroad.
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Filing a claim as a FUTURE TORT CLAIMANT i am a

Customer Question

filing a claim as a FUTURE TORT CLAIMANT i am a representative of deceased relative. do i need CERTIFICATE OF OFFICIAL CAPACITY OR OTHER ESTATE DOCUMENTATION in the state of ms. if i need form, how do i get form to attach to trust claim form.
Submitted: 1 year ago.
Category: Legal
Expert:  rsa.esq replied 1 year ago.

Hi, I'm scott: please be aware that I am licensed in California only, and that no lawyer on JustAnswer can provide specific legal advice, because no lawyer-client relation exists. We can only speak generally to issues of law and procedure.

Once a will is filed and admitted to probate, the probate court will issue "letters testamentary" (or their equivalent) to the personal representative that legally enable him to proceed with resolving the legal business and distribution of the estate.

Keep in mind, estate administrators owe fiduciary duty to the estate.

FYI: In Mississippi, probate of wills is disposed of by the Court of Chancery.

Also, under Mississippi UNIFORM CHANCERY COURT RULES

"RULE 6.01 ATTORNEY MUST BE RETAINED:

Every fiduciary must, unless he is licensed to practice law, retain an attorney or firm of attorneys to represent, advise and assist him during the whole term of his office, whose compensation will be fixed or approved by the Chancellor. "

[https://courts.ms.gov/rules/msrulesofcourt/uniform_chancery_rules.pdf]

This does not mean the attorney must conduct all business of the estate.

The personal representative is still the fiduciary responsible for ensuring the disposition of the will is complete: the representative can engage the attorney and limit the scope of services, or engage the attorney to handle everything, but the representative remains ultimately responsible.

The attorney is at the expense of the estate.

I hope this answer was helpful: if so, I would appreciate a fovorable rating -- thanks!

FYI: The laws governing probate in Mississippi are enumerated in

Mississippi Code TITLE 91 - TRUSTS AND ESTATES.

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