Legal Question in Family Law in Mississippi
Establishing Heirship
My father died without a will. Recently a warranty deed surfaced that is alledgely signed by my father's father and mother (Grantors). The warranty deed ''hereby bargain, sell, convey and warrant unto the Grantees: (a)my father, (b) my father's sister and to (c) only one (1) of my father's children. The last language of the deed states the following, '' It is understood and agreed by and between the Grantors and Grantees herein, tha the Grantors do hereby expressly reserve and reain unto themselves a life estate in and to said lands solong as they or either of them shall live.''
The only Grantee that is living is (c) one of my father's children. Does this mean that I cannot claim heirship to this land?
How cannot I check to see if the document filed is authentic?
1 Answer from Attorneys
Re: Establishing Heirship
Your description of the deed indicates that your grandparents intended to keep a joint life estate in the property with the remainder interest equally divided between the three remaindermen. Your father is one of them, and all of his surviving heirs, including you, would equally share in your father's remainder interest.
To test the validity of the deed, contact an attorney and try to provide 10 original samples of your grandparents signature around the date of the alleged deed. Also the deed should have been notarized and recorded in the clerk's office. If it wasn't, there is a question about whether it was ever delivered. If it wasn't delivered, it is not effective. Lastly, you might try to obtain 10 samples of the notary's signature to compare with the notary's signature on the deed. If you have proof that the deed is a forgery or it was never delivered, you can petition a chancellor for relief.
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