Legal Question in Wills and Trusts in Mississippi

Who gets it

My grandparents owned a fair cabin. In my grandfathers will it went to the grandchildren. He died 4 years ago. My grandmother died in April and in her will it went to my aunt. The cabin itself is in my grandfathers name only. So who actually gets the cabin


Asked on 7/18/07, 11:52 am

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Who gets it

A decedent can have legal and equitable property interests. Legal property interests are the interests that may be evidenced by deed, title document, bill of sale, etc. Equitable property interest arise when the law is inadequate to do what is fair. It appears from your facts that the grandmother did not have a legal property interest in the cabin (which I assume does not include the land on which the cabin sits). However, your facts are silent on whether she made direct or indirect contribution to it under circumstances that equity would give her some sort of right regarding the property. Within the facts given, it appears that the grandchildren own the legal interests to the cabin, but the aunt may own an equitable interest in the cabin or claim against the grandfather's estate for direct or indirect contribution towards its purchase and/or maintenance. All of this is subject to the claims of the grandparents' creditors against their estates which may require sale of the cabin to pay their claims.

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Answered on 7/18/07, 12:41 pm


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