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 assumes that the person appointed in the will who isn't legally disqualified by age, criminal history, or unsound mind, is entitled to be named as executor. However, it is possible to file a petition to contest the validity of a will.
Please see the following MS statutes:
§ 91-7-23. Validity contested within two years.
Any person interested may, at any time within two years, by petition or
bill, contest the validity of the will probated without notice; and an
issue shall be made up and tried as other issues to determine whether the
writing produced be the will of the testator or not. If some person does
not appear within two years to contest the will, the probate shall be
final and forever binding, saving to infants and persons of unsound mind
the period of two years to contest the will after the removal of their
respective disabilities. In case of concealed fraud, the limitation shall
commence to run at, and not before, the time when such fraud shall be, or
with reasonable diligence might have been, first known or discovered.
§ 91-7-25. Necessary parties to contest.
In any proceeding to contest the validity of a will, all persons
interested in such contest shall be made parties.
§ 91-7-35. Grant of letters testamentary.
The executor named in any last will and testament, whether made in this
state or out of it and admitted to probate here on an authenticated copy
or on the original, shall be entitled to letters testamentary thereon if
not legally disqualified. A person shall not be capable of being executor
who, at the time when letters testamentary ought to be granted, is under
the age of eighteen years, of unsound mind, or convicted of a felony.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
