Legal Question in Wills and Trusts in Mississippi
Accidental death
My child's father was killed in a car accident in 1999. We were not married. Paternity was proven by DHS before the accident. He was 27. He lived with his parents, but he had bought 10 acres, 1 acre with rental trailor, and another 16 acres. He worked for the railroad. My child visits the grandparents once a month. My child recieves social security. He is now 9. The grandparents just took over the property completely. They have been renting the trailor out & keeping every bit for themselves. Is my child not entitled to any of his father's assets?? He was not married and only had our child. I do know that the deed to all of the property is still in my son's father's name. I had a lawyer friend call and talk to the grandparents about this matter and they used aweful language and hung up. They tried to get me to pay property taxes, but I refused until the land is in my son's name. Now they don't even want to bring it up. They say that all of it belongs to them now.Please please give me some advice. It has been 8 years since his death. I just didn't want to deal with the vicous grandmother. I wouldn't mind paying taxes on it for my son... but not for them when they are using it and collecting rent on it.
1 Answer from Attorneys
Re: Accidental death
They may be trying to acquire the land by tax deed or adverse possession. Your refusal to pay the taxes plays into their hands. One way to resolve this matter is to have the court appoint somebody other than yourself as the guardian ad litem to gain control of the property, its income, and collect rents paid over to the grandparents as fiduciaries. Alternatively, you can possibly sell the property for the benefit of your son and invest the proceeds for the benefit of your child. Additionally, you should consider whether possibly your son has any claim arising from the accident that has not yet been extinguished by the statute of limitations.
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