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 by filing the appropriate documents in Chancery Court. If the Will has not been filed for probate, you can submit a pleading in Mississippi to contest its validity. In Mississippi, Wills are not filed before death, so if there is another Will, you may need to search through your mother’s belongings or contact the attorney who drafted the Will for a copy or the original.
Proving that your mother was not of sound mind or was under duress when signing the document can be complex and depends on the specific facts of your case. It is advisable to discuss this matter with an 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.