Legal Question in Constitutional Law in Mississippi

Re: Giving up 1st amendment right to petition courts for redress of wrongs

This isn't so much a constitutional issue as a practical one. As the executor, it is your job to defend or settle lawsuits against the estate. If you file such a suit, you will essentially be both the plaintiff and the defendant, which is not permitted because of the conflict of interests it would entail. After all, who will defend the estate against your suit? And whose actions will the suit be challenging?

Your job as executor is essentially to see that the wishes of the deceased are followed and to protect the interests of the estate re: such matters as taxes and potential liabilities. Your fiduciary duty as executor requires you to subordinate your own interests to those of the estate.

Someone who sues an estate is typically trying to assert his or her own interests ahead of those of the estate -- at least as those interests are interpreted by the executor. If you put yourself in that position you will be breaching your fiduciary duty to the estate and the other legatees.

If you are truly dissatisfied with the way the estate is structured then perhaps you should resign as executor. I don't know the rules for such proceedings in Mississippi, but perhaps a resignation would enable you to assert your claim while making sure someone else fills the role of executor in order to oppose your claim.

I should add that it is hard to understand why an executor would want to bring such a suit in the first place.