Handwritten Will Validity Concerns

Summary

Handwritten wills in Mississippi must be signed by two witnesses to be valid. If not, the estate follows intestacy laws, usually favoring the deceaseds children. Mississippi does not recognize common-law marriage, so the boyfriend may not have a claim. Consult a probate attorney for detailed guidance. Legal aid organizations can provide free or low-cost advice.

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I live in Hancock county Mississippi my mother passed away June 15th of this year she was a widow I'm her only biological child she had also adopted another child her nephew we're both adults he's in prison in South Dakota the only property my mom really had was her house which is still financed she did have a boyfriend that she was with for I'd say approximately * 17 years she left a handwritten will leaving the house to me my adopted brother and her boyfriend originally she planned on leaving it to me and my brother but with a stipulation that her boyfriend be able to live here until he died basically or he wanted to move we have not filed we haven't done anything as far as her wheel goes or anything the only thing that I've done is change the power to the house over into my name and I don't know what I should be doing the boyfriend is horrible and I don't know what I should be doing I feel like he's going to do something dirty and underhanded because he doesn't want me here and he doesn't want me to have this house
I'm sorry for your loss, ****. In Mississippi:
- Handwritten wills are valid if signed and witnessed.
- Property can be left to anyone.
- If the will is contested, it may go to probate court.
You should consider consulting a probate attorney.

Hancock County Chancery Court


Phone:(*) *-*
Address: * Main St #*, Bay St Louis, MS *
Website: www.co.hancock.ms.us
P I don't have money for a lawyer I'm wondering is there somebody I could that could advise me on what to do that it wouldn't cost me for the advice or maybe cost me minimal
You can seek free or low-cost legal advice from legal aid organizations. In Mississippi, you can contact:

Mississippi Center for Legal Services


Phone: (*) *-*
Address: * E Front St, Hattiesburg, MS *
Website: www.mscenterforlegalservices.org
Can I ask another question
Of course, you can ask another question. What would you like to know?
My mom wrote two wheels once she gave to her boyfriend one was given to me they say the same thing pretty much the only thing that she spoke about in her will was the house not that she really didn't have anything else besides her personal belongings stipulation was that the three of us could live were were to be able to live here and none of us could put the other one out nor were we to make any move anybody in or anything without everyone agreeing my brother is in prison in South Dakota obviously he's not here his mother is here living paying us rent actually to live here on her Wheels she did she signed she wrote it in her own hand she signed it but nobody signed it as witnesses or anything does that matter
In Mississippi:
- A will must be signed by at least two witnesses.
- If not properly witnessed, it may not be valid.
- If there are two wills, the most recent one typically prevails.
You should consult a probate attorney for further guidance.
Okay I'm going to call that number I'm going to try to get the numbers that you give me but I'm just trying to get a grasp of what I'm dealing with here so if if two people didn't sign it as witnesses while she was alive then and they could be considered non-valid what would happen then would it revert back to going to get her state would go to her children and there's no common law marriage here in Mississippi so with that leave the boyfriend out
In Mississippi:
- If a will is invalid, the estate is distributed according to intestacy laws.
- Typically, the deceased's children inherit the estate.
- Mississippi doesn't recognize common-law marriage, so the boyfriend may not have a claim.
Please consult a probate attorney for more details.
Thank you for your time and your advice
You're welcome, ****. I'm glad I could provide some guidance. Don't hesitate to reach out if you have more questions in the future. Good luck with everything.