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What are my rights as widow wife with no will as they say

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mmcloy

Guest
What is the name of your state? Mississippi
My problem is my step son went behind my back and became exec. over my husbands estate I was not contacted or notified by him or the courts that he was appointed as exec of my husbands estate I have requested for my personal things and he refuses to give them to me and the estate has been in probate for over two years and he is driving my husbands car and that depressates the value of the car.
My husband promised the car to my baby girl in which is his step daughter we have told the son this and he will not listen at all. All I want is rightfully mine and my children and he will not give us anything at all. The bank sent me the title to my husbands car since I am his wife can I change the title over in my name even though my step son is the exec. of the estate?
My husband had two wills one hand written and one that was done on computer but both of them came up missing and it made me the benificary in both plus that he didnt want his two girls at his funeral because what they had done to my three children. We would have been married for 10 years that month when he died
What is my legal right to the things that we had and how can I go back to court and have it changed to me becoming the exec over my husbands estate. The property was in my name but not the car. we was seperated at the time but we was trying to work our problems out and he would come and stay at the house sometimes for a week at a time. My children and myself paid for most of the things in our marriage from my childrens ssi and child support and also my ssi and ssd but he has three children by his first wife and the girls know that he isnt their father and his son also knows that the girls are not his fathers children. I can't afford a lawyer because I am trying to raise two teenage girls and myself just on his our ssd checks a month.

I need help badly :mad: :( :confused: :eek: :eek:
 


Dandy Don

Senior Member
My condolences to you on the loss of your husband.

Have you been to at least one of the probate court hearings to find out what has gone on with this estate?

PLEASE--PLEASE--PLEASE: You need to be talking to a local probate attorney to find out how you can get possession of your car--talk to about 3-4 probate attorneys until you find one that you like and who will agree to help (it is not very likely that a Mississippi attorney would be reading this message board). Don't worry about paying the fee right now--a sympathetic attorney might agree to help you now and wait until probate is over until the fee is collected. The main thing right now is that you need someone knowledgable to get your questions answered to find out what you need to be doing now. What would you estimate is the total value of your husband's estate? Since the property is in your name, probate is going to take care of getting the deed recorded properly.

It might be difficult to get stepson removed as executor unless he has an arrest record with felonies in his background.

The bottom line is that without a will, what is going to happen is that you are going to get 1/2 of the estate and the stepchildren will split the other 1/2. All you have to do right now is wait for the probate process to play out and receive your check and your property, but if you get legal help you can get access to your possessions quicker and your attorney can get information from this uncooperative stepson/executor who shafted you by destroying the will.

DANDY DON IN OKLAHOMA ([email protected])
 
M

mmcloy

Guest
reply

One lawyer told me that I would only get a child's part and that is all he didnt have much on his estate and it has been over two years now since he went behind my back and became exec. of the estate
No I have never been to one I didnt know about it until just a few months ago that he became exec. of my husband's estate but the Bank sent me the title to the car that was paid off when he died and the title was released from the bank in Sept of 2002 he died June 2002 and while I was sick and going through medical problems is when the step son did this
 
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Dandy Don

Senior Member
Get another opinion from another probate attorney about what you should be doing!!! You are going to need help to deal with an executor who is unwilling to give you your property back!!!
 

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