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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38211
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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How should it take for an estate attorney to contact the

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How long should it take for an estate attorney to contact the children of their deceased father? He was remarried and the kids have never gotten along with his new wife. Should they contact an attorney theirself. He owned a business that he built with their mother, had always said would go to them if something ever happened to him. New wife states he didn't have a will, he told the kids he did. Also he inherited land from his parents, will that be split?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Mississippi
JA: What documents or supporting evidence do you have?
Customer: The land he inherited is in Louisiana
JA: Anything else you want the lawyer to know before I connect you?
Customer: No documents.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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Has the attorney actually been hired by the executor of the estate to represent the estate?

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Has anyone filed a probate case to settle father's estate?

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thanks

Barrister

Customer: replied 1 month ago.
As far as we know his wife said she hired an attorney, when we called the number she gave us, we were informed that said attorney no longer works there.
We haven't filed a probate as we didn't know what we should do?

Ok, if no one has filed a probate case, then there is no legal duty for anyone to contact the heirs. It is the filing of the probate case that triggers the duty to notify all heirs, get them a copy of any will, and then proceed with settling the estate.

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So if there was no will, his children would inherit some amount by default under state law. If there was a will, then it would control who inherits.

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But either way, if the wife is dragging her heels (maybe because any will is not favorable to her), then one of the children will have to pursue this and file their own probate case to "force " the issue. When they are in front of the judge to be appointed, they can tell the judge that the wife may have the will and he can issue an order for her to produce it. Then whoever was named as executor would take over settling the estate according to what the will says.

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thanks

Barrister

Customer: replied 1 month ago.
Thank you very much. Going to look for a probate attorney in Mississipi now.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister and 2 other Estate Law Specialists are ready to help you