• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Long distance beneficiary of MS will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bernrice

Junior Member
What is the name of your state (only U.S. law)?
Mississippi

I am writing on behalf of a friend who lives in England. Her Uncle passed away last May here in MS and she and her mother came for the services. There was much confusion and mixed stories from her Uncle's friends about his situation prior to his death. According to the will my friend's father (who was too ill to travel for the service) is to receive 2/3 of the estate and a lady friend of the deceased is to receive 1/3. However, my friend's father has been offered a pittance, with no information on accountings, and the lawyer handling has ignored their two attempted contacts. (She had initially sent this lawyer a check for retainer since she was the one they dealt with while in the states, but the check was returned because this lawyer has accepted the other recipient of the will as a client). My friend has reason to believe the assets have not been completely accounted for, and no breakdown has been offered.

What rights does my friend have, and how should she pursue them from so far away?

Thank you in advance for your help.
Bernadette
 


anteater

Senior Member
What rights does my friend have, and how should she pursue them from so far away?
Since your friend does not appear to be a beneficiary, she has no "rights." Her father does.

Realistically, her father's best bet is to retain his own attorney in MS to represent him. You aren't explicit, but I assume you mean that the attorney you mention has been retained by uncle's "lady friend" to represent her as the executor of the uncle's estate. If that is the case, the attorney is not obligated to communicate directly with your friend's father unless the executor agrees.

How much time are you willing to spend helping your friend's father? You could visit the chancery court in the county where the uncle resided to view/copy the case file to see what is going on. You could ask around and come up with some probate attorney names to pass on to your friend's father.

Keep in mind that not all property transfers under the terms of a will. If the uncle held assets jointly with the lady friend or designated her as a beneficiary on any of his accounts, then the property subject to transfer under the will may only be a pittance.
 

bernrice

Junior Member
Thank you so much for the quick and informative reply. I will follow up with my friend across the pond. Have a wonderful day! :)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top