Contested Wills in Gulfport, Mississippi

Find the right Contested Wills attorney in Gulfport, MS

It is feasible, in Gulfport, Mississippi, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Occasionally, when a person who expected to be included in a will is left out, their natural assumption is that there was some mistake, or that the will was made through improper means, such as duress or fraud, or that the will is an outright forgery.

If a lot of money, or some specifically valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is really true or not.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, particularly if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Evidently, this is something to consider.

When Can a Will be Contested in Gulfport, Mississippi?

There are many reasons that a court in Gulfport, Mississippi might invalidate a will.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be honestly voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If a Gulfport, Mississippi will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Gulfport, Mississippi Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a seasoned Gulfport, Mississippi attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Gulfport

Gulfport is located in the state of Mississippi. With a population of over 71,000, it is the co-county seat of Harrison County, alongside the city of Biloxi. The city was incorporated in 1898 and had its beginnings as a port and lumber city. It contains over 6 miles of man made white-sand beaches by the Gulf of Mexico.

Gulfport is a residential city that also boasts a strong economic center of industry. The Gulfport Main Street Association oversees the development of the downtown area. The city is home to several companies as well as the U.S. Navy Seabees. Notable residents have included NFL quarterback Brett Favre and linebacker Rod Davis.

The city's Leisure Services offer a variety of community-centered activities at its many parks and recreation centers. Other popular places to visit are the Gulf Islands Water Park and the Gulfport Sportsplex, which attracts many sports tourists. Every year the city hosts what is known as the "World's Largest Fishing Rodeo".

Gulfport has survived a great deal of damage from hurricanes, including Hurricane Camille in 1969 and more recently Hurricane Katrina. The state of Mississippi has issued a Hurricane Katrina Disaster Training Manual for those who have been affected, including Gulfport lawyers. Lawyers in Gulfport, Mississippi have contributed greatly to the rebuilding of the city.

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