Tupelo, MS asked in Probate for Mississippi

Q: My son conned my father out of his entire estate. I am the oldest child. How do I contest the will?

My son was adopted by my parents at an early age. My father believed my son conned him out of his estate shortly after my mother passed. I have an audio recording of my father telling my son this and that he wanted it changed back into his name. My father also stated that my sister and I have just as much right to his property. My son ignored my father's wishes to have every changed back to the way it was. My father passed in April.

My husband and I retired in 2015 at the request of my parents to come home and help take care of them. We have lived in a trailer behind the main house since 05-01-2015. Two weeks after my father's passing, my son gave us a 3 day eviction notice. We are still living on the property but are preparing to move when housing becomes available. We are both 70 and live on a fixed income.

I want to contest my son's total takeover of my parents estate.

Related Topics:
1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN

A: Hire a competent MS attorney today. More than likely the SOL for an Eviction proceeding is blown, and you are still in possession. The owner/plaintiff will probably have to file an Ejectment suit which is expensive and difficult.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.