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Elderly Father won't make a will

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rebelman

Junior Member
What is the name of your state (only U.S. law)? Mississippi...My father is 89 years old and not in the best of health. His mental capacities are declineing also. I fear that if he doesn't take care of business I will loose a majority of property and items I've cared for over a period of twenty five years. I have a sibeing that has never lived here or ever helped with anything but she is the catalyst for his refuseal to see that I get what I've cared for. I'm not a disshonest person but I feel like I'll have to haul off as much as I can to keep my sibeling from getting it. It's no use in trying to get my father to do whats right. It's not in him to do that and he has always done what my sister has talked him into doing...My mom passed away with cancer and was in no mental state to take care of the affairs...and I didn't want to ask my mom to take care of things with her knowing she was dieing.. In hindsite it was probably a mistake not to...Reguardless... Can I mark items to show ownership, just start hauling off when the time comes or just tie it up in court until I pass away...I'm not in favor of giving her half of something she's never took and interest in or helped with...Hope someone can help me...Pete
 


tranquility

Senior Member
I suggest you don't steal things. If dad does not make a will, all the things he owns will pass by intestate succession. If that is the case, you would have equal rights with your sister. What you have cared for or what she has not is irrelevant. What dad wants to do with his stuff is his right. You have explained things to him and he continues on this path. It is clear this is his decision. Convincing him is the only way you get more than your sister without being a thief.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Mississippi...My father is 89 years old and not in the best of health. His mental capacities are declineing also. I fear that if he doesn't take care of business I will loose a majority of property and items I've cared for over a period of twenty five years. I have a sibeing that has never lived here or ever helped with anything but she is the catalyst for his refuseal to see that I get what I've cared for. I'm not a disshonest person but I feel like I'll have to haul off as much as I can to keep my sibeling from getting it. It's no use in trying to get my father to do whats right. It's not in him to do that and he has always done what my sister has talked him into doing...My mom passed away with cancer and was in no mental state to take care of the affairs...and I didn't want to ask my mom to take care of things with her knowing she was dieing.. In hindsite it was probably a mistake not to...Reguardless... Can I mark items to show ownership, just start hauling off when the time comes or just tie it up in court until I pass away...I'm not in favor of giving her half of something she's never took and interest in or helped with...Hope someone can help me...Pete
Your post made me sad.
 

CSO286

Senior Member
What is the name of your state (only U.S. law)? Mississippi...My father is 89 years old and not in the best of health. His mental capacities are declineing also. I fear that if he doesn't take care of business I will loose a majority of property and items I've cared for over a period of twenty five years. I have a sibeing that has never lived here or ever helped with anything but she is the catalyst for his refuseal to see that I get what I've cared for. I'm not a disshonest person but I feel like I'll have to haul off as much as I can to keep my sibeling from getting it. It's no use in trying to get my father to do whats right. It's not in him to do that and he has always done what my sister has talked him into doing...My mom passed away with cancer and was in no mental state to take care of the affairs...and I didn't want to ask my mom to take care of things with her knowing she was dieing.. In hindsite it was probably a mistake not to...Reguardless... Can I mark items to show ownership, just start hauling off when the time comes or just tie it up in court until I pass away...I'm not in favor of giving her half of something she's never took and interest in or helped with...Hope someone can help me...Pete
No you can't simply claim your Dad's possession before his passing, and hauling stuff off once he's passed is theft.
You can't force him to write a will.

But let's say he did write a will, and left everything to the sibling. What would you do then?

It's not up to you how your father chooses to dispose of his estate.
 

Zigner

Senior Member, Non-Attorney
You could always simply accept the legal FACT that it's not your stuff.
 
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rebelman

Junior Member
You could always simply accept the legal FACT that it's not your stuff.
Thanks for your comment but it was as "cold" and and "uncareing" as the law seems to be..I've cared for my parents and everything on this place while my sibeling has done absolutely "nothing"!..I look at it as a "moral issue" You know.."Right from Wrong"!?..Damn right I think it's mine!..And I'll fight till my last breath to see that someone like my sibeing from getting it..:mad:
 
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Zigner

Senior Member, Non-Attorney
Thanks for your comment but it was as "cold" and and "uncareing" as the law seems to be..I've cared for my parents and everything on this place while my sibeling has done absolutely "nothing"!..I look at it as a "moral issue" You know.."Right from Wrong"!?..Damn right I think it's mine!..And I'll fight till my last breath to see that someone like my sibeing from getting it..:mad:
My posts are not the one coming across as "cold" or "uncareing" <sic> - the legal facts and the moral facts are in perfect alignment. This "stuff" is your dad's to do with as he wishes.
 

justalayman

Senior Member
Thanks for your comment but it was as "cold" and and "uncareing" as the law seems to be..I've cared for my parents and everything on this place while my sibeling has done absolutely "nothing"!..I look at it as a "moral issue" You know.."Right from Wrong"!?..Damn right I think it's mine!..And I'll fight till my last breath to see that someone like my sibeing from getting it..:mad:
then expect to continue your fight from behind bars. You admit to already stealing from your father. Once he passes, if you take anything from the estate, that too is theft. Unless your father makes a will (which it appears he is not inclined to do), none of it is your property until not only your father passes but his estate is administered.
 

justalayman

Senior Member
rebelman;3158200]What is the name of your state (only U.S. law)? Mississippi...My father is 89 years old and not in the best of health. His mental capacities are declineing also.
then it may too late for him to write a will already

It's no use in trying to get my father to do whats right.
who are you to determine what is right or wrong for dad to do with his property? In reality, it is none of your business what dad does with his property.


..
Can I mark items to show ownership
,Yes you can. put DAD on everything.

just start hauling off when the time comes
good way to get a criminal record.
 
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Eekamouse

Senior Member
You could try going on and getting your own things to cherish and care for and keep from your sibling instead of coveting things that do not belong to you. Just a thought.
 

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