Legal Question in Wills and Trusts in Mississippi
Should I contest my grandfathers will?
My grandfather passed away two months ago. So far my aunt, the executor, has not started probate and has not disclosed the will to all decendants. I found the will recently and to my horror it states that all was left to my two aunts - one of which is going through a divorce at the time. There were six children with five still living. My aunt also is a paralegal, compiled the will herself, and people who work in her office witnessed the will. Furthermore, my grandfather was not always in his right mind and was confused a good deal of the time. The story my aunts are telling so no one will contest the will is this - that my grandmother who passed away first had wanted it set up this way - that all would go to the two daughters and the sons would get nothing. So they are saying that my grandfather signed over all rights to the place prior to my grandmothers death - except my grandmother did not have a will and my grandfather does. It's all crock, but I wanted an outsiders opinion.
1 Answer from Attorneys
Re: Should I contest my grandfathers will?
If your parent who would inherit from your grandfather is still living, you will not have standing to contest the will. If you have standing, the next question is whether your expected benefit will outweigh the cost in terms of money and family relationships. If you can prove the aunt prepared the will, the burden will be on her to prove that it was not due to undue influence. You are also raising the issue of competence at the time of execution of the will. This will depend on the observations of the witnesses and possibly testimony by your grandfather's primary physician.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
