How to Contest a Will
I ran across a great post from fellow Mississippi lawyer and blogger Ronald Morton.
Here is an excerpt from his post on discussing how to contest a will in Mississippi.
“The following are the situations in which a will may be contested:
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- Mental incapacity. You may contest a will if you believe your loved one did not have the mental capacity to write the will. The best way to prove this is with a statement from a doctor who examined your loved one around the time he or she wrote the will. You may also use medical records and other witnesses who were around your loved one at the time.
- Undue Influence. If you believe another person exerted undue influence over your loved one and induced your loved one to change the distribution under his or her will, you may contest the will based on undue influence. Generally, the person contesting the will is required to prove the person exerted undue influence. However, if the person had a fiduciary relationship with your loved one, that person may have to prove that there was no undue influence. People who might have a fiduciary relationship include a child, a spouse, or someone with a power of attorney.
Click HERE to continue reading Ronald’s post on this topic.
Tags: contested wills
