How do I respond to a notice in the paper if I don’t agree to the terms of the probate?

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How do I respond to a notice in the paper if I don’t agree to the terms of the probate?

About 8 years ago I sold my third of my father’s land to my brother, the executor, for much less than it was worth because he refused to probate and this was the only way to get any money for the land. Now he is probating it and I want to know if there is any way to get what the land is worth. I also want to make sure that it states that I am retaining the mineral rights. I know he and my other brother received $20,000 from a gas company for use of the land recently. I need to respond to the notice in the paper that he will probate unless I object.

Asked on August 12, 2012 under Estate Planning, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to seek help from ana ttorney in your area to review the notice you have received and the papers that you signed.  If the transaction can be set aside at this point will depend on the law and facts of the case.  But if the original document did not state that you do retain mineral rights and you can not set it aside then you may be out of luck.  Get help.  Good luck.


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