Legal Question in Wills and Trusts in Mississippi

Can we fight brother's theft of hubby's inheritance?

1996, hubby's (H) parents gave MS business to his bro (B) - said he ''ambushed'' w/ legal paper he insisted they sign. Dad died 1996. 1998, we moved to AZ. Just before, mom (M) made will giving all (items listed + residue) to H - said to make up for business txfer & see B got no more. 1/99, B got dur. POA over M when she entered a home. We kept in touch w/ M, but only B privy to her finances past 3 yrs. 12/01, M died & B showed us her NEW will dated 5/00 (she was far gone w/ Alzheimer's by then) leaving all but house/contents to B. We're convinced he abused POA & used undue influence to get new will & empty all assets into his name/hands. He even sold house/contents - per wife, for M's expenses because her assets depleted. Resid. clause is 50/50 to bros, but if what B's wife said is true, 0 left to to divide. B said would ''get check out'' to H by end of 01 (meaning, no probate?). Qs: 1) Is it too late to challenge business giveaway on UI? 2) Can we contest the new will (UI) if no probate? 3) Would H waive contest of will and abuse of POA, if he accepts what B gives? 4) If ''Dead Man Statute'' applies (i.e., we can't testify to M's stmts of intent that H have all but the business (old will)), is will contest doable?


Asked on 12/21/01, 4:34 am

1 Answer from Attorneys
Gloria Meyer Meyer Law Office

Re: Can we fight brother's theft of hubby's inheritance?

M's "new" will can be set aside if M was incompetent when she signed it. Then the '96 will would be valid. M's will should have been probated if there were any probate assets. You can accept what B gives without waiving your rights if you do not sign anything that says you waive your rights. More information is required to determine whether you can contest the business transfer. A Statute of Limitations may apply. You should consult an attorney without delay to determine the viability of a lawsuit against B for undue influence.

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Answered on 12/21/01, 9:54 am


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