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Probate and Personal Representatives : Includes Executors, Court Appointed Guardian of a Minor's Estate, Administrators in Deaths Without a Will, Intestate Distribution, etc.
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  #1  
Old 04-24-2007, 12:33 AM
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Join Date: Apr 2007
Posts: 1
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Slighted heir is Executrix


What is the name of your state? Mississippi
My grandfather recently passed away and he "give(s) to (his) grandchildren, KKM and MKM, my entire estate, in equal shares." Also, the Executrix( a family member)was appointed without bond and given absolute discretion in the handling of the estate to invest, reinvest, or sell assets of the estate including property, without an Order of the court and without acccounting other than final accounting at closing. We unfortunately have had communication issues with this person. He said/she said basically. We were not told of the scattering of his ashes and when we found out about the time/date of said event we were told that we were not included. Upon being asked if this was our grandfathers wish, we were told that we were not included but we were not excluded. We insisted that we wanted to be included in the event and the air got COLD. We were told (by the Executrix) that we should take the money and go because it is for his friends. We attended the event, very pleasant and up beat, no ill will from anyone but her.

Afterward we received an email that stated "Please re-read the terms of H's Last Will and Testament. I am the Executrix and you are an heir. You will be notified when the Estate closes. The house is part of the Estate and at the closing you both will be notified and given half of the Estate in equal shares. At that time you can decide what to do with your half. There is no need for you to try to take control. I am court ordered as you are both court ordered heirs. If there are things in the house you want to keep, please list them as I have people interested and will buy some of the furniture, etc"

This is the issue with us. We want the home in our names and not to have it sold nor the items inside. Can she sell the home and the items inside out of spite for us? She was not included in the Will and is clearly upset that we got the everything and she got nothing. The only items that are included in Probate are the House, Car, and Checking accounts. There are no debts that the funds in the Checking acct will not cover, so far. Notice of death for creditors has been filed and there have been no replies yet. What can we do to stop her from selling off everything out of spite?
Any help would be appreciated,
Bewildered in TN
  #2  
Old 04-25-2007, 11:14 AM
Senior Member
 
Join Date: Apr 2002
Posts: 9,287
Has the will been filed for probate?

You need to be consulting with a local attorney to see if there is anything you can do to stop the sale. Why wouldn't you want to get the money from the sale of the home?
  #3  
Old 04-25-2007, 11:42 AM
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Join Date: Mar 2006
Posts: 6,671
I agree, see an attorney. A nasty lawyer letter listing the fiduciary requirements of an executrix and the possible ramifications to violating them will sober up most people.
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