Legal Question in Wills and Trusts in Mississippi

My dad filled out a will on legal and had it notarized at his bank the day before he remarried, leaving everything to myself and my brother. The will was given to me to care for and the bank said to have it filed at the courthouse. I called the courthouse and they said they only take wills if someone is dead but others have told me different. my question is , is the notarization good enough or does it need to be filed at a courthouse. and does the courthouse file them.

Asked on 5/11/11, 9:54 am

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney

A notarized will in Mississippi is void unless two (2) notaries executed it and said that he declared the instrument to be his last will and testament when he executed it. Further, if he married after that (assuming you and your brother are the only children) the new wife is entitled to at least 1/3 of all assets. The way to prevent that is to have him convey the assets to you and your brother immediately - retaining the right to use them in his lifetime.

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Answered on 6/11/11, 2:42 pm

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