Full question:
Biological children, from Ft. Lauderdale Florida came in. I had given her exact information, on what had transpired, with trust and legal advice. We had Judge/lawyer of the chancery clerk pleadings for the court and admittance to judge for decisions about validity, She and I had oral agreements to certain things. She had full knowledge and involvement in my actions as executor, My stepfather died October 25, 2008; my mother, August 17, 2009. Actions were taken, to preserve and protect property, including significant property outdoors, rental storage, Vehicles and vehicle insurance, 48 Plants. She has letter of administration. I have witnesses to the 'attestation' by witnesses and decedents. All procedures as described by law. Two people were asked and agreed to, and signed documents attesting to agreement to be executors and for his best friend, 'John' to sign the document, described as a will for both parents. A pour over will, but one that could stand alone. Witness and named executor from that meeting is alive and can testify to this. He knows exactly, which is the date on the bottom of each page on the will, and on a copy of trust; which has several copies to be mailed to heirs and beneficiaries. We knew where the will was. We spoke of the will and the place. He told my aunt and his sisters he was changing her off the will. He made an appointment for he and I at the attorney's office, but he died. This was witnessed and set up by his sisters. I want to take the case to probate and return my responsibility to represent my stepfathers estate. We have followed legal procedure since inception of the will.
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: Mississippi
Answer:
The law generally assumes that the person named in a will, who is not legally disqualified, is entitled to serve as executor. If you wish to contest the validity of a will, you can file a petition. According to Mississippi law, any interested person may contest a will within two years of its probate without notice (Miss. Code Ann. § 91-7-23). If no one contests within this time, the probate becomes final. Additionally, all interested parties must be included in the contest (Miss. Code Ann. § 91-7-25). The named executor in a will is entitled to letters testamentary unless they are disqualified by age, mental incapacity, or felony conviction (Miss. Code Ann. § 91-7-35).
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