Legal Question in Elder Law in Mississippi

Deeds with Live Estate

In '2000' I petition the court for Conservatorship over my Father. I was granted Conservatorship in April 2000. May 2005, deeded property (land) to me while uder conservatorship he kepted a life estate to the property. Father passed away June 2005. Sister and brother summons me court at visitation of father furnnel. In the past 5 yrs none of my bother or sisters every sought a change to this until now. My question is, can a person under Conservatorship Deed property and maintain a life estate perform this function? If so is there a case number in the system that can be referenced.

See I am in Iraq. I was in the US for training in Mid April and took a few days and went home to visit. My Father wanted me to take him to a Lawyer and I did not my Conservatorship lawyer but a lawyer to represent him. She felt that he was compinent to do the deed and she drew up the necessary documents and did so. I returned to Iraq and then about 3-4 weeks later I get a call that Daddy died and I needed to come home. None of my siblings wanted to help in when his pace-maker went out in 2000 and that is when I petition the court for conservatorship of his affairs and was granted.


Asked on 7/05/05, 9:40 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Deeds with Live Estate

Here are my initial thoughts on the situation. A person under a conservatorship is legally incompetent. The threshhold question will be whether there is sufficient proof of no undue influence on your father to sign the document. The next question is whether there is sufficient proof your father was lucid at the time he signed the deed and that it was in his best interest to convey the remainder interest to you.

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Answered on 7/05/05, 10:16 am


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