Mississippi Probate Attorney and Lawyer for Heirship
Heir is a person who, under the law, is entitled to receive property of a person who has died without a will. Although “heirship” refers to the relation between and ancestor and an heir, it is generally used to refer to legal actions (lawsuits), to have the court formerly declare who are the heirs to a person who has died. The need to determine the heirs of a decedent arises when it is unclear or uncertain who all of the heirs may be. For example, a married man may have fathered children outside the marriage and an heirship action would be necessary in order to determine whether or not, in fact he is the father of those children. Also, under wrongful death laws, certain individuals are legally named as beneficiaries of any money recovered as a result of a death. It is not uncommon to file and heirship proceeding in order to get a court declaration as to what persons will be allowed to receive the money. A petition is filed with the Chancery Clerk and notice is published in the newspaper. At the appointed date in time, the court conducts a hearing in order to determine heirship. Sometimes DNA testing is required in order to determine heirship with certainty. A DNA test normally consists of a swab of the inside of the mouth and the collection is subjected to a scientific test by a licensed professional who can determine with up to 99% accuracy whether or not the individual is an heir of the person who died. Once a court order is obtained naming the heirs of the person who died, attorneys and other courts can rely on that in resolving other matters involving the decedent’s estate or the heirs wrongful death suit.
It is important that you contact an informed Mississippi Probate Lawyer and an experienced Mississippi Probate Attorney as soon after the death of your loved one as possible. This can help avoid unauthorized taking of estate property, can ensure that all matters are handled honestly and with full court approval, can reduce conflicts among heirs and siblings, and can help you through the difficulties of losing your loved one.
Please contact us to arrange for a confidential consultation with informed Mississippi Probate Attorney and Lawyer for Heirship.