Legal Question in Wills and Trusts in Mississippi
Mentally Retarded Son kicked out of home by stepmother after fathers death
48 yr old MR SS disabled cousin. His mother dies in 03,leaves all to 70 yr old husband/dad because son is MR & unable to manage. Dad dying from CHF at same time. Dad has 9th grade education, soon remarries woman 20 yr junior. After 6 month, creates will leaving 50-50 between new wife and son/right to surviorship. Attorney advised dad that wife could sell/give away her 50%, but at her death, it would all come back to son regardless of who had poession. Father lapses into coma days later & dies. 2 weeks later, step-mother takes son to her married boyfriend's attorney & has son sign over his 50% to her. Boyfriend of 6 yr moves in. Step-mother changes locks & kicks son out with 1 small suitcase, 1 photo album. Hangs no trespassing signs. Son has no place to go except us. We hire the attorney who drew up will not knowing he has duty to defend it. Suit filed to overturn deeds. Step-mother probates estate. A closed hearing between Chancery Judge and both attorneys. Would'nt let us/son attend. Discover much later that Judge gave step-mother exclusive use of home & all property, appoints her executrix, rules no accounting, bans son from home, allows her attorney to represent estate & defend her in deed contest. $22k & 2 yr later no change
2 Answers from Attorneys
Re: Mentally Retarded Son kicked out of home by stepmother after fathers death
Also report the exploitation to the Ms. Dept of Human Services for investigation and prosecution under the Miss. Vulnerable Adults Act, Miss. Code Section 43-47-1 et seq.
Re: Mentally Retarded Son kicked out of home by stepmother after fathers death
contact the Department of Human Services in
the county where the vulnerable adult is located as well as to report this to the Attorney General's Vulnerable Adult's Unit (601.359.4158).
Also hire another attorney to look into this.
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