Rights to property after fathers death

[Colonel Reb]

What is the name of your state (only U.S. law)? Mississippi. Hi. Hope someone can help. I'll try to keep this as short as possible. I've been liveing on the same property as my parents for 24 years. I've did all upkeep on the house and surrounding property for that same period of tme as well as being the caregiver for both mother and father with no help from my sibeling. My mom passed away from cancer 3 years ago from cancer and now I'm looking after my father (88 years old) who has COPD and showing signs of forgetfullness and demetia. There is no will that I know of but it is well known by friends, relatives and neighbors what my mother wanted my dad to leave to me. My mother tryed to get my father to go to a lawyer with her and straighten things out..For some reason he never wanted to go finalize anything and she eventually lost her senses from chemo she didn't make it to a lawyer by herself..This leads to my problem...My father has never show any love nor concern for me and I'm quiet certain I'll be dissinheirated or stripped of everything I've cared for over the many years. This of corse is egged on by my sibeing who lives in another state but has NEVER did anything to help but I fear I'm gonna loose everything to her because my dad and her has always sided against me...My mother told me afew weeks before she died that a couple of CD's were renewed and my name was on them as the sole benificary. I was nevr told anything by my father about this but I think he changed the beneficary since my mom died...I know it's not right but is it legal?...I've lived in a mobil home, owned by my parents, and next door to the house that they lived in for 24 years. Can he or my sister throw me out of my mobil home before or after he dies?.. And "no" he doesn't have a will nor does he want to makeone... In an argument one day he stated he wanted me and my sister to "fight over everthing"...My dad has always been underhanded, disshonest and has a tendency to lie every chance he gets so trying to get him to discuss matters are out of the question...What can I do to protect the things that I've care for when the time comes (at the time of his death)... Sorry about being so lenghty but ths is just a very small tidbit of what I have to deal with... I will appreciate any advice.Thank you....Pete

 

[Zigner]

Rest easy - it's not your stuff anyway.

 

[FlyingRon]

Absent a will, no matter what people "know" to be your mother's wishes, the estates will pass through the rules of intestate succession.
Caring for your parents doesn't give you any rights to an inheritance.

Husband and wife are presumed to be tenants by the entirety which means the house is your fathers.
Nobody can throw you out at this point other than him. If he's not of sound mind, it's unlikely he can make a will at this point or is likely to act to evict you though if he were of sound mind he'd be free to.

When he dies, the first thing that happens is the debts of the estate including any medicaid recovery comes after things before the heirs get to worry about what they are going to get. Any residual is divided equally between the children unless they can come to an agreement.

I'd be looking out for a new place to live, or at least a way to be able to settle the estate debts and with your siblings if you want to keep the house.

 

[Silverplum]

What is the name of your state (only U.S. law)? Mississippi. Hi. Hope someone can help. I'll try to keep this as short as possible. I've been liveing on the same property as my parents for 24 years. I've did all upkeep on the house and surrounding property for that same period of tme as well as being the caregiver for both mother and father with no help from my sibeling. My mom passed away from cancer 3 years ago from cancer and now I'm looking after my father (88 years old) who has COPD and showing signs of forgetfullness and demetia. There is no will that I know of but it is well known by friends, relatives and neighbors what my mother wanted my dad to leave to me. My mother tryed to get my father to go to a lawyer with her and straighten things out..For some reason he never wanted to go finalize anything and she eventually lost her senses from chemo she didn't make it to a lawyer by herself..This leads to my problem...My father has never show any love nor concern for me and I'm quiet certain I'll be dissinheirated or stripped of everything I've cared for over the many years. This of corse is egged on by my sibeing who lives in another state but has NEVER did anything to help but I fear I'm gonna loose everything to her because my dad and her has always sided against me...My mother told me afew weeks before she died that a couple of CD's were renewed and my name was on them as the sole benificary. I was nevr told anything by my father about this but I think he changed the beneficary since my mom died...I know it's not right but is it legal?...I've lived in a mobil home, owned by my parents, and next door to the house that they lived in for 24 years. Can he or my sister throw me out of my mobil home before or after he dies?.. And "no" he doesn't have a will nor does he want to makeone... In an argument one day he stated he wanted me and my sister to "fight over everthing"...My dad has always been underhanded, disshonest and has a tendency to lie every chance he gets so trying to get him to discuss matters are out of the question...What can I do to protect the things that I've care for when the time comes (at the time of his death)... Sorry about being so lenghty but ths is just a very small tidbit of what I have to deal with... I will appreciate any advice.Thank you....Pete

Your general problem is fairly common, IMO. It's happened in my extended family.

The only important thing, to me, is that you took care of your family. You are the Good Son...what you must guard against, at this point, is self-righteousness.

 

[commentator]

Stop taking care of him. Tell him that you've decided to move on. Do it. Get a life. Let sister handle things. Being a good son is sometimes the same thing as being a patsy. If your dad wants you to stick around and help him, he needs to deal with you like an adult, not like the "red headed stepchild/ least favorite" child. He may be "showing signs" of forgetfulness and dementia, but that does not a dementia diagnosis make. Your father is still in legal control of himself, and if he doesn't see fit to make a will of some kind now while he's still got the abilities, before he goes rocking off into real dementia, then you need to let him spend that money your sister is going to inherit to have himself cared for, or let her do it. Tough love on your part is recommended by me.

 

[Colonel Reb]

Stop taking care of him. Tell him that you've decided to move on. Do it. Get a life. Let sister handle things. Being a good son is sometimes the same thing as being a patsy. If your dad wants you to stick around and help him, he needs to deal with you like an adult, not like the "red headed stepchild/ least favorite" child. He may be "showing signs" of forgetfulness and dementia, but that does not a dementia diagnosis make. Your father is still in legal control of himself, and if he doesn't see fit to make a will of some kind now while he's still got the abilities, before he goes rocking off into real dementia, then you need to let him spend that money your sister is going to inherit to have himself cared for, or let her do it. Tough love on your part is recommended by me.

Thank you for the advice...I think your right about that....Pete

 

[ring]

What is the name of your state (only U.S. law)? Mississippi. Hi. Hope someone can help. I'll try to keep this as short as possible. I've been liveing on the same property as my parents for 24 years. I've did all upkeep on the house and surrounding property for that same period of tme as well as being the caregiver for both mother and father with no help from my sibeling. My mom passed away from cancer 3 years ago from cancer and now I'm looking after my father (88 years old) who has COPD and showing signs of forgetfullness and demetia. There is no will that I know of but it is well known by friends, relatives and neighbors what my mother wanted my dad to leave to me. My mother tryed to get my father to go to a lawyer with her and straighten things out..For some reason he never wanted to go finalize anything and she eventually lost her senses from chemo she didn't make it to a lawyer by herself..This leads to my problem...My father has never show any love nor concern for me and I'm quiet certain I'll be dissinheirated or stripped of everything I've cared for over the many years. This of corse is egged on by my sibeing who lives in another state but has NEVER did anything to help but I fear I'm gonna loose everything to her because my dad and her has always sided against me...My mother told me afew weeks before she died that a couple of CD's were renewed and my name was on them as the sole benificary. I was nevr told anything by my father about this but I think he changed the beneficary since my mom died...I know it's not right but is it legal?...I've lived in a mobil home, owned by my parents, and next door to the house that they lived in for 24 years. Can he or my sister throw me out of my mobil home before or after he dies?.. And "no" he doesn't have a will nor does he want to makeone... In an argument one day he stated he wanted me and my sister to "fight over everthing"...My dad has always been underhanded, disshonest and has a tendency to lie every chance he gets so trying to get him to discuss matters are out of the question...What can I do to protect the things that I've care for when the time comes (at the time of his death)... Sorry about being so lenghty but ths is just a very small tidbit of what I have to deal with... I will appreciate any advice.Thank you....Pete

First off forgetfullness is dementia.Some things here your stating/explaining doesn't add up I must say.Your saying your Father dissinheirated you or stripped you of everything.You say, My father has never show any love nor concern for me.But,your caregiver to your father that don't love you but,in turn live on Daddy's land.I'm confused I must say .Your father don't like you as a son.But,he let's you live on his land in a trailor.I'm sure if Daddy didn't love you.You wouldn't be living on his land would you agree?Why would you stay some where your not wanted?Unless,your standing your ground in hopes to get the land/estate.You feel you have rights to your father's land.Your father has his rights to do what ever he wants to do or to give the land to for that matter.Either makeup with your father or pack your bags.Because,your father is your landlord.Your sister is intitled to something as well as you feel you are.The only way you could be dissinheirated is if your father states this in his living Will.Your father worked all his life to get what he has not for what you want.
The question is,did your father make a living Will?Who's POA of your father?Your father's 88 yrs old with signs of dementia I'm sure there's a POA either you or your sister.If not better get a POA for your father if not you your sister.If no Will is made the estate goes to next of kin."The oldest child" and so forth after any creditors.If your father was told by a doctor he has dementia and or taking pills for dementia.No attorney will create a living Will.This means a Will is to late to obtain/create.If your father wasn't told or taking pills for dementia a Will can be created by your father only.Dementia is a sad thing for anyone to go through.If your father dissinheirated you?Whats that tell to you?He dissinheirated you but,your living on his land and your taking care of him?Doesn't sound right to me.Something is wrong with this.If your father dissinheirated you and doesn't love ya as you explained?Then,I'm sure your not taking care of your father as caregiver or you two would be fighting all the time as together 24/7.I think what you mean by caregiver is caring for Daddy's land.If daddy let you live on his land for 20 plus yrs.That time you lived on that land is your gift to you from your father.20 yrs of free rent is your gift/inheirates.I think what your idea plan is or was is to live on your father's land hoping to live there long enough to inheirate it.It doesn't matter if you was the caregiver of the land while daddy was alive.It's after death is what matters.

 

[Eekamouse]

If I felt like being a grammar ****, I'd be all over this last post. Sheesh.

 

[Proserpina]

First off forgetfullness is dementia.

No it isn't.

Some things here your stating/explaining doesn't add up I must say.Your saying your Father dissinheirated you or stripped you of everything.You say, My father has never show any love nor concern for me.But,your caregiver to your father that don't love you but,in turn live on Daddy's land.I'm confused I must say .Your father don't like you as a son.But,he let's you live on his land in a trailor.I'm sure if Daddy didn't love you.You wouldn't be living on his land would you agree?Why would you stay some where your not wanted?Unless,your standing your ground in hopes to get the land/estate.You feel you have rights to your father's land.Your father has his rights to do what ever he wants to do or to give the land to for that matter.Either makeup with your father or pack your bags.Because,your father is your landlord.Your sister is intitled to something as well as you feel you are.The only way you could be dissinheirated is if your father states this in his living Will.Your father worked all his life to get what he has not for what you want.
The question is,did your father make a living Will?Who's POA of your father?Your father's 88 yrs old with signs of dementia I'm sure there's a POA either you or your sister.If not better get a POA for your father if not you your sister.If no Will is made the estate goes to next of kin."The oldest child" and so forth after any creditors.If your father was told by a doctor he has dementia and or taking pills for dementia.No attorney will create a living Will.This means a Will is to late to obtain/create.If your father wasn't told or taking pills for dementia a Will can be created by your father only.Dementia is a sad thing for anyone to go through.If your father dissinheirated you?Whats that tell to you?He dissinheirated you but,your living on his land and your taking care of him?Doesn't sound right to me.Something is wrong with this.If your father dissinheirated you and doesn't love ya as you explained?Then,I'm sure your not taking care of your father as caregiver or you two would be fighting all the time as together 24/7.I think what you mean by caregiver is caring for Daddy's land.If daddy let you live on his land for 20 plus yrs.That time you lived on that land is your gift to you from your father.20 yrs of free rent is your gift/inheirates.I think what your idea plan is or was is to live on your father's land hoping to live there long enough to inheirate it.It doesn't matter if you was the caregiver of the land while daddy was alive.It's after death is what matters.

You DO know what a living will is, right? It has NOTHING to do with finances. At. All.

The rest of the post is nonsensical at best.

 

[Silverplum]

No it isn't.





You DO know what a living will is, right? It has NOTHING to do with finances. At. All.

The rest of the post is nonsensical at best.

Newbie Disease.

 

[TigerD]

Thank you for the advice...I think your right about that....Pete

Really? That's the effen advice you are going to take. Really?
Wow. This site sure has gotten a lot of trolls lately.

OP: You are a dirt bag. Your mother died. Your father is getting ready to go. You are worried about property and holding a decades old grudge? What the hell is wrong with you? Daddy didn't show you enough love and you don't he's going to pay you for easing his last days. You are not the good son; you are a mercenary bast...

You can't control what other people do. You can control you: What you do, what you think, how you act. Stop being a jerk. Go take care of your father because it is the right thing to do. Not because you might profit out of it.

DC

 

[latigo]

What is the name of your state (only U.S. law)? Mississippi. Hi. Hope someone can help. I'll try to keep this as short as possible. I've been liveing on the same property as my parents for 24 years. I've did all upkeep on the house and surrounding property for that same period of tme as well as being the caregiver for both mother and father with no help from my sibeling. My mom passed away from cancer 3 years ago from cancer and now I'm looking after my father (88 years old) who has COPD and showing signs of forgetfullness and demetia. There is no will that I know of but it is well known by friends, relatives and neighbors what my mother wanted my dad to leave to me. My mother tryed to get my father to go to a lawyer with her and straighten things out..For some reason he never wanted to go finalize anything and she eventually lost her senses from chemo she didn't make it to a lawyer by herself..This leads to my problem...My father has never show any love nor concern for me and I'm quiet certain I'll be dissinheirated or stripped of everything I've cared for over the many years. This of corse is egged on by my sibeing who lives in another state but has NEVER did anything to help but I fear I'm gonna loose everything to her because my dad and her has always sided against me...My mother told me afew weeks before she died that a couple of CD's were renewed and my name was on them as the sole benificary. I was nevr told anything by my father about this but I think he changed the beneficary since my mom died...I know it's not right but is it legal?...I've lived in a mobil home, owned by my parents, and next door to the house that they lived in for 24 years. Can he or my sister throw me out of my mobil home before or after he dies?.. And "no" he doesn't have a will nor does he want to makeone... In an argument one day he stated he wanted me and my sister to "fight over everthing"...My dad has always been underhanded, disshonest and has a tendency to lie every chance he gets so trying to get him to discuss matters are out of the question...What can I do to protect the things that I've care for when the time comes (at the time of his death)... Sorry about being so lenghty but ths is just a very small tidbit of what I have to deal with... I will appreciate any advice.Thank you....Pete

You had better hope that pop doesn’t leave a will! Because without one he can’t “disinherit” anyone. (So don’t encourage the old grump to make one or he’ll surely write you out.)

And if no will, then what ever owns at the time of his death would pass by Mississippi’s intestate succession laws. Meaning with no surviving spouse, you and your sister would share equally in his net estate. This in spite of any emotional favoritism.

Also, determining the extent of his estate upon death may require looking into what if anything was done with respect to your mother’s estate.

 

[Ohiogal]

First off forgetfullness is dementia.Some things here your stating/explaining doesn't add up I must say.Your saying your Father dissinheirated you or stripped you of everything.You say, My father has never show any love nor concern for me.But,your caregiver to your father that don't love you but,in turn live on Daddy's land.I'm confused I must say .Your father don't like you as a son.But,he let's you live on his land in a trailor.I'm sure if Daddy didn't love you.You wouldn't be living on his land would you agree?Why would you stay some where your not wanted?Unless,your standing your ground in hopes to get the land/estate.You feel you have rights to your father's land.Your father has his rights to do what ever he wants to do or to give the land to for that matter.Either makeup with your father or pack your bags.Because,your father is your landlord.Your sister is intitled to something as well as you feel you are.The only way you could be dissinheirated is if your father states this in his living Will.Your father worked all his life to get what he has not for what you want.
The question is,did your father make a living Will?Who's POA of your father?Your father's 88 yrs old with signs of dementia I'm sure there's a POA either you or your sister.If not better get a POA for your father if not you your sister.If no Will is made the estate goes to next of kin."The oldest child" and so forth after any creditors.If your father was told by a doctor he has dementia and or taking pills for dementia.No attorney will create a living Will.This means a Will is to late to obtain/create.If your father wasn't told or taking pills for dementia a Will can be created by your father only.Dementia is a sad thing for anyone to go through.If your father dissinheirated you?Whats that tell to you?He dissinheirated you but,your living on his land and your taking care of him?Doesn't sound right to me.Something is wrong with this.If your father dissinheirated you and doesn't love ya as you explained?Then,I'm sure your not taking care of your father as caregiver or you two would be fighting all the time as together 24/7.I think what you mean by caregiver is caring for Daddy's land.If daddy let you live on his land for 20 plus yrs.That time you lived on that land is your gift to you from your father.20 yrs of free rent is your gift/inheirates.I think what your idea plan is or was is to live on your father's land hoping to live there long enough to inheirate it.It doesn't matter if you was the caregiver of the land while daddy was alive.It's after death is what matters.

What does a LIVING WILL or POA have to do with any of this?