How Do I Get Reinstated as Executor in Mississippi?
Full Question:
Answer:
The law assumes that the person appointed in the will who isn't legally disqualified by age, criminal history, or unsound mind, is entitled to be named as executor. However, it is possible to file a petition to contest the validity of a will.
Please see the following MS statutes:
§ 91-7-23. Validity contested within two years.
Any person interested may, at any time within two years, by petition or
bill, contest the validity of the will probated without notice; and an
issue shall be made up and tried as other issues to determine whether the
writing produced be the will of the testator or not. If some person does
not appear within two years to contest the will, the probate shall be
final and forever binding, saving to infants and persons of unsound mind
the period of two years to contest the will after the removal of their
respective disabilities. In case of concealed fraud, the limitation shall
commence to run at, and not before, the time when such fraud shall be, or
with reasonable diligence might have been, first known or discovered.
§ 91-7-25. Necessary parties to contest.
In any proceeding to contest the validity of a will, all persons
interested in such contest shall be made parties.
§ 91-7-35. Grant of letters testamentary.
The executor named in any last will and testament, whether made in this
state or out of it and admitted to probate here on an authenticated copy
or on the original, shall be entitled to letters testamentary thereon if
not legally disqualified. A person shall not be capable of being executor
who, at the time when letters testamentary ought to be granted, is under
the age of eighteen years, of unsound mind, or convicted of a felony.
