Legal Question in Wills and Trusts in Mississippi
Grandchild rights
My grandmother has just been diagnosed with 2nd stage alzheimer's, and I will be the one taking care of her in her home from now on. My aunt is getting power of attorney and having my grandmother deemed legally incompetent. As long as i can care for my grandmother she will not be put into a nursing home, but to do this I am having to give up my own home and completely transplant my family. My grandmother has no will, she had 3 children (my aunt is the only living child, my uncle had no childre, and my mom had me and my sister).....will i have any legal rights to the estate after she is deceased in order to provide for my children. The main thing here is keeping my grandmother out of a nursing home, but I have to make sure my children have a home after her care is finished also. Thanks will be greatly appreciated for any information received.
3 Answers from Attorneys
Re: Grandchild rights
It looks like your aunt will inherit everything. You will need to negotiate an agreement with her for your services. It seems that your best arrangement would be for you to buy the remainder interest in your grandmother's home for its fair market value and for your aunt agree on behalf of your grandmother to pay you fair market value for your services and allow you to recoup the debt owed you from the debt you owe your grandmother for the purchase of the home. As you can see, this can be somewhat complicated and you will need the services of an attorney and appraiser.
Re: Grandchild rights
Sounds as if your Aunt may be establishing a conservatorship for your grandmother? If so, you need to remit to the conservatorship bills for your services which the court will order to be paid.
Re: Grandchild rights
I am not sure where this issue arises, Alabama or Mississippi. But if your grandmother has property in Alabama, her estate can be probated here. Under the laws of intestate succession (i.e. without a will), your grandmother's estate is divided as follows: one third to your aunt, and one third each to the descendants of her other two children. Thus you are entitled to something. While I'm not a Mississippi lawyer, I'd suspect it would be the same as these things tend to be fairly uniform throughout the states. I've never heard of a state disinheriting the offspring of a pre-deceased child. However, you are not entitled to extra by virtue of your good deed in taking care of her. If you are expecting as much, you need to come up with an agreement between all of the descendants as to how exactly you are to be compensated, and such an agreement should be put in writing. That will require an attorney, but it is far better to spend a little money on an agreement now than to spend money fighting a probate case.
Sterling L. DeRamus
Attorney at Law
2015 First Avenue North
Birmingham, Alabama 35203
205-458-1100
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