Summary
In Mississippi, the probate process involves filing the will, notifying heirs, appointing an executor, inventorying the estate, paying debts and taxes, distributing assets, and final accounting. Adult children can contest a marriage by presenting valid legal reasons like fraud or incapacity. To defend your marriage, gather evidence of your wifes capacity, collect witness testimonies, and consider hiring a probate attorney. Character evidence has specific rules for admissibility in court. Information from a deceased persons phone can be used if relevant and obtained legally. Legal aid services are available for those who qualify.Full Conversation
Going through probate with my deceased wife
Hello **** ****, I'm sorry for your loss. To better assist you, could you please let me know in which state are you currently residing?
Mississippi
Hello ****, in Mississippi, the process of probate involves:
*. Filing the will and petition at the chancery court.
*. Notice to all heirs.
*. Appointment of an executor.
*. Estate inventory.
*. Payment of debts and taxes.
*. Distribution of assets.
*. Final accounting.
Would you like information about local probate courts?
I’ve been to court * times and I got to go back next month she had two children there grown there contesting our marriage
Hi ****, I'm sorry you're dealing with this. In Mississippi, adult children can contest a parent's marriage. They would need to present valid legal reasons, like fraud or incapacity. Would you like information on how to legally defend your marriage?
Yes
Hello ****, to defend your marriage, you may want to consider:
*. Gathering evidence of your wife's capacity at the time of marriage.
*. Collecting testimonies from witnesses.
*. Hiring a probate attorney.
Would you like assistance finding a probate attorney in your area?
What do you mean my wife’s capacity
Hello ****, by "capacity," I mean your wife's ability to understand what she was doing when she married you. Evidence of this might include medical records, witness testimonies, or anything demonstrating she was of sound mind at the time.
I have like * witnesses that were there it was a private ceremony
Great, ****. Having witnesses to attest to your wife's capacity during the marriage ceremony can be very valuable. They can provide sworn statements or testify in court, which may significantly support your case.
Their lawyer is trying to make a case by downing one’s character is that legal
Hello ****, in court, character evidence is sometimes used to argue a person's likelihood to behave in a certain way. However, there are rules around its use. In Mississippi:
*. Character evidence can't be used to prove that someone acted in accordance with that character on a specific occasion.
*. It can be used if character or a trait of character is an essential element of a charge, claim, or defense.
*. Its admissibility is determined by the court.
He said on my wife’s phone that she was talking to someone about buying pain pills now I have no knowledge of this but can he bring that up
Hello ****, the use of this information depends on its relevance to the case. In Mississippi:
*. Evidence must be relevant to be admissible.
*. The judge decides whether evidence is relevant.
*. Irrelevant evidence is not admissible.
However, legal specifics may vary, consider consulting an attorney.
And her deceased and if it’s something on her phone what can they do
Hello ****, if there's information on your deceased wife's phone that's relevant to the probate case, it might be used. However, the process to obtain such data often involves legal procedures to ensure privacy rights are not violated. Consult with an attorney for guidance.
You mean her rights even though she’s dead
Yes, ****. Even after death, individuals have certain rights to privacy under the law. This includes information contained on personal devices such as phones. Always consult an attorney for specifics.
If it is on there and her daughter must have presented it to the lawyer is that legal for them to use
In general, information from a deceased person's phone can be used in court if it is relevant to the case. However, obtaining this information must follow legal procedures to respect privacy rights, even after death. Consult an attorney for specifics.
Well I don’t see how them dragging her name through the mud has any reverence
Hello ****, I understand your concern. The court will decide the relevance of any information presented. If it seems inappropriate or irrelevant, your lawyer can object. It's important to have a lawyer who can guide you through these situations.
How much does a lawyer charge I don’t have money I’m disabled
Hello ****, attorney fees can vary widely depending on the complexity of the case. However, some lawyers offer free or reduced-fee consultation services. Also, legal aid services might be available in Mississippi for those who qualify. Would you like help finding these resources?
Please
To find legal aid in Mississippi, you can contact:
Mississippi Center for Legal Services
Phone: (*) *-*
Website: www.mslegalservices.org
You may also look into the Mississippi Volunteer Lawyers Project:
Mississippi Volunteer Lawyers Project
Phone: (*) *-*
Website: www.mvlp.org Thanks
You're welcome, ****. If you have any more questions or need further assistance, feel free to ask. I wish you all the best with your probate case.
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