What to do if my mother passed away 2 years ago without a Will and my siblings and I are not in agreement concerning the property?

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What to do if my mother passed away 2 years ago without a Will and my siblings and I are not in agreement concerning the property?

I was wondering is there anything that can be done to prevent any of us from making decisions concerning the home without each other’s consent. We have one sibling that wants to move in and take over the home. What rights do we have to prevent this from happening?

Asked on May 20, 2015 under Estate Planning, Mississippi

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  If your Mother died without a Will then she is said to have died "intestate" and the Intestacy laws in Mississippi would apply.  Under that statute, you and your siblings onherit everything equally.  That means you have equal rights.  Has anyone been appointed as the Personal Representative of the estate?  You need to do that very quickly. The personal representative can make decisions regarding the house and its preservation - renting, repairs, etc.  I would seek help with this given the situation with the one sibling.  Good luck.


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