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My father died less then a month ago in Mississippi, He had assets when he went into the marriage he is married to a stepmom of

Tucson, AZ |

30 years, I am his only blood daughter and her 2 children are from someone else she said the wills were never finalized and that she gets everything. And that I need to sign off on the 4 cars he has. Well I have interest in one of them and the will isnt going into probate and my father had told me 2 times that I was in the will there is land etc cars etc and medals. I don't want all but I would like something one of the cars and the medals from when he was married to my mother what do I do?

Attorney Answers 3

Posted

If your father was a resident of Mississippi when he died, you need to consult a Mississippi probate attorney in the county where he lived, for advice. Do not sign off on anything until you have counsel.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

I agree with Ms. Reed that you should consult a Mississippi Attorney who is very familiar with intestate succession and that you should not sign anything over to her.

It sounds like your father died without a valid will. When someone dies without a will the state laws of intestacy control how the assets are distributed. Upon a quick look, I believe Mississippi Code 91-1-7 and 91-1-11 apply here. In relevant part, where the deceased husband shall leave a child or children by that or a former marriage, or descendants of such child or children, his widow shall have a child's part of his estate, in either case in fee simple. It seems like you and your step-mother would split the estate.

You should absolutely consult an attorney.

This answer is for information only and does not constitute legal advice. This communication does not constitute, nor does it create, an attorney-client relationship. The information provided is general only and you should not act upon this information without consulting an attorney.

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The other prior two answers are correct. If he was a resident of Mississippi, then you need to contact a probate attorney there. Don't sign anything until you have talked to an attorney.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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