Full question:
My father past away 4 years ago. I am 1 of 4 children. I live in NC and need to know how to find his Will. Also my mother passed way 12/31/06. The only thing I have received from my brother is a Last Will and Testament that is not signed by a Notary and my sister is listed as one of the wittness. Is this document legal? How do I contest the Will? I do not believe my mother signed the document. She passed on 12/31/06 the document was dated 12/20/06. How do I find her Will prior to this one my mother was very ill on the date the will was signed I do not believe she was of sound mind and could not have signed the document. How do I go about proving she was not of sound mind on the date the document was signed.
- Category: Wills and Estates
- Date:
- State: Mississippi
Answer:
You can contest a Will be filing the appropriate documents in Chancery Court. If the Will has not been filed for probate, a pleading can be filed in Mississippi telling the Court you contest the probating of the Will. As for locating a Will, there is not a place in Mississippi where Wills are filed before death. Therefore, if there was another Will it could have to be located among her things, or maybe the lawyer who drafted the Will can be located who could have the Original or a copy. The issue of proving that she was incompetent or under duress, is complicated and depends on the facts of the particualt case. This should be discussed with your attorney.
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.
