Legal Question in Wills and Trusts in Mississippi
Is a Foster Child an Hier?
Man and woman and marry. They each had children by previous marriages. Man and woman subsequently take in infant (that would be me). Man dies in intestate. Woman and I continue to live on the 40 acrea estate. I lived with her until I married. Her son is married. Woman created will leaving equal shares of the property to her son & me and she deeded her home (a separate piece of property acquired after the death of her husband) to her son before her death. It is my understanding that because of Miss law she only got a child's part upon the death of her husband and her husband's child legally got half, or would at her death. She died several years ago and her will was missing upon her death and the lawyer's copy was unsigned. Now after all these years the man's grandchildren are taking the woman's son to court for the land. As a ''foster child'' am I also entitled to a portion as well? In other words, what is a ''child'' under Miss law? Thanks!
1 Answer from Attorneys
Re: Is a Foster Child an Hier?
A foster child is not entitled to any rights of inheritance under Miss. law. However, a foster child can be the beneficiary of a will the same as anybody else. Your only avenue to receive any portion of the property is by proof of a lost last will and testament. You should talk to a local attorney about your prospects and the practicality of becoming more involved.
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