Auburn, WA asked in Real Estate Law and Estate Planning for Washington

Q: Do I have legal ground to request land in Winston County Mississippi to be passed on to me as a rightful heir?

Thousands of acres of land in Winston County Mississippi have been divided up between several of my uncles, yet they purposefully excluded my father from his Inheritance. My uncle illegally owns several acres of my fathers land in Winston Mississippi. My father is going to die soon and that land should be passed on to me and my brother. my father was not given his share. Do I have a legitimate claim?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: You will have to hire a competent Mississippi attorney who handles real estate litigation. Thorough title searches will have to be performed and heirship determined. Affidavits of Heirship may need to be recorded. If adverse possession under color of title does not deprive you of title, since it is difficult against tenants in common, then a complicated, expensive Ejectment Action must be filed. An additional cause of action for Quiet Title will also be needed. But you cannot sit on your rights and may have lost title.

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