Legal Question in Wills and Trusts in Mississippi

Heir Rights

I am the only child of my fathers. He never married my mother or anyone else. I have my mothers marriage name and her husband is on my birth certificate, so there was no paternity on paper. At the time of my fathers sickness and death, I was living with him. He had a stroke and died several weeks later. His siblings from Mississippi came and took everything from under me. I sued the first hospital for wrongful death, when it was time for the money to be released, the family was notified. They came and denied me as being the son. My lawyers tricked me into a quick settlement with the family to where as i got 75 grand out of the 500 grand that was awarded to me. I THINK THEY WANTED THEIR THIRD AND FEES AND WANTED OUT QUICK. So I got done in on that situation. There is over 1000 acres of land in Mississippi that is owned by my fathers family. Everyone in the family receives checks from oil and natural gas being extracted from the land. Everyone but me, lol. There are only 7 of my fathers surviving siblings living. Am I entitled to my fathers share of the families estate. I am 100% his son, and have accumulated good documentation to prove it. Since I have acquired this documentation, What is my next move? And what's due to me?


Asked on 2/24/08, 2:49 pm

2 Answers from Attorneys

Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: Heir Rights

If you are truly his son and can prove it then you should be entitled to his ENTIRE estate. What was your father's residence. If Michigan an estate can be opened together with a petition to determine heirs. Thereafter an ancillary proceeding can be started in Mississippi. We have extensive experience in these type of cases. We can use DNA evidence etc... What documentation do you have.

I suggest you consult an attorney that has extensive experience in probate litigation. We have a web site on this subject. www.probatelitigationmi.com

Feel free to email or call. email is [email protected]

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Answered on 2/24/08, 3:29 pm
Renee Walsh LawRefs Nonprofit

Re: Heir Rights

Under the law, your father's share would pass to his children and would only pass to his siblings if he had no children. Your father must have an estate open in the probate court. If the estate is closed, it can be reopened and you can have the court look at the proofs and enter an order than cannot be avoided by the siblings.

If you would like more information or would like my assistance, please contact me via my website at www.lawrefs.com.

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Answered on 2/24/08, 5:53 pm


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