Legal Question in Wills and Trusts in Mississippi

Conservertorship

I have a conservertorship for my father (alzheimers, rest home for 12 years), bought property from him (approved by the court). He passed away June last year, I went to finalize the conservertorship, now being sued by my brother's (he pre-deceased by father) children. The suit asks for all $ for past 12 years + assets. All moneys went to medicaid to pay his rest home bills.


Asked on 3/30/04, 3:34 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Conservertorship

There must have been a will which said that your brother's children would inherit what he would have inherited had he survived your father. Of course you need to seek representation by an attorney, and hopefully you have all evidence to show that you fulfilled your fiduciary responsibilities to your father. A fiduciary owes the highest duty of fair dealing and you will have the burden of showing that you did not take advantage of your father when you bought the property.

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Answered on 3/30/04, 4:50 pm


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