My mother just died having no assets, she was living in a nursing home. She received medicaid and social security and she had an oil royalty. A friend of hers paid her bills for her stay at the nursing home. She did not have a living will, I would like to know if the oldest child receives the oil royalties after her death? I live in the state of Mississippi.

Being the oldest means nothing... you aren't even entitled to anything unless its left to you in a will, or by a probate court after all debts owed are settled.

Unless you are named a benificiary specifically your father would have gotten all of them..(assuming he is still alive)

Meaning he could will everything to your neighbor, then you would have to fight a legal battle contesting the will.

She did have assets. The royalty is an asset. Before you can claim anything (and it would be split between you and siblings if no will and there is anything left) her debts have to be paid. This includes Medicaid. Is your father still alive? If he is and they are still married then he would be the first to get anything. If he isn't, do you have contact with her case worker? They should know if there is still a bill with them left that will have to be collected. Any other debts will have to be paid as well.

This link isn't in your area but still covers the basics.

http://extension.psu.edu/natural-res...-and-gas-lease

She may have debts. Also you did not mention the oil royalty was from land owned, stocks, or just oil rights owned ? But there is something and so she does have access.

Is anyone else's name on these ? If not, any money paid will go into her estate and have to be given our according to estate (probate) laws for your state.

This isn't quite making sense to me... Medicaid allows very little assets, and by the time you get to the nursing home stage, they take ALL your assets. Do you know they are still in her name? Were they hidden from the state? Chances are they will be sold to pay for her care.

Clearly an oil royalty is an asset. Generally an Oil Royalty happens when someone owns property and an oil company pays for the rights to harvest the oil underneath, while the owner still owns the property. So for an oil royalty to exist, your mother would have to own property.

I think you need to investigate whether there are any assets or not.

If there are assets left after paying debts, they would be distributed according to the laws in the state where she died. Generally siblings share equally, not be seniority.

"A friend of hers paid her bills for her stay at the nursing home." That's quite a friend and you are therefore saying that Medicaid was not involved in her nursing home costs?