Archive for September, 2009

Estates in the News

Tuesday, September 15th, 2009

A couple estates have been in the news recently.

Mississippi native Steve McNair’s wife recently filed an inventory in his estate. According to the inventory, the estate’s estimated value is $19.6 million. I’m curious how much legal fees have been incurred by McNair’s failure to leave a Will. An inventory is often waived in a Will. Since McNair died intestate (without a will) his administrator, in this case his wife, was required to provide an inventory to the court. In an estate the size of McNair’s, this was probably costly, or at the very least time consuming.

Also in the news is the battle among Martin Luther King, Jr.’s heirs. I’ll bet Martin Luther King, Jr., one of the great men in our country’s history, never dreamed his family would fight over his estate one day. This is yet another example of the importance planning your estate. Who says probate isn’t interesting?

Notice to Creditors

Tuesday, September 15th, 2009

One important function of probate is the Notice to Creditors. A Notice to Creditors performs the function implied by its title: It notifies creditors of the decedent that an estate has been opened in a given Chancery or Probate court and that all creditors have 90 days from the first publication of the Notice to Creditors in which to file any claim against the estate. Pursuant to Section 91-7-151 of the Mississippi Code Ann., any claim not registered within 90 days from first publication is barred, and no suit can be maintained as to that claim. However, existing liens on a property owned by the decedent can still be enforced even if the lien-creditor failed to present the claim. See Section 91-7-167 Mississippi Code Ann.