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Questions Answered by Randall R. Saxton
2 Answers | Asked in Tax Law for Mississippi on
Q: Does a person with 100 percent total social security disability have to pay property tax in the state of Mississippi
Randall R. Saxton
Randall R. Saxton
answered on Feb 23, 2023

Yes. Only disabled veterans or their unremarried surviving spouses are 100% exempt from paying property tax in Mississippi. An exemption for seniors, and disabled people, is available in Mississippi, and persons over 65 can qualify for a reduction of up to $7,500 on the taxable value of their... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: Why would homeowner at the age of 70, not be exempt from property tax in Pontotoc County. In fact it was increased?
Randall R. Saxton
Randall R. Saxton
answered on Feb 7, 2023

Only disabled veterans or their unremarried surviving spouses are 100% exempt from paying property tax in Mississippi. An exemption for seniors, and disabled people, is available in Mississippi, and persons over 65 can qualify for a reduction of up to $7,500 on the taxable value of their property.

1 Answer | Asked in Tax Law for Mississippi on
Q: Would I owe MS sale tax for digital wall art? No physical product, only digital download. The pics are stock photos.

I live and would operate in Mississippi. I have not started selling yet. I just wanted to know in advance. If I am exempt from MS sales tax, are there any forms that I have to fill out? Thanks,

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Yes, Mississippi requires that you collect sales tax on digital sales, and apply for a sales tax permit from the Department of Revenue.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: When the chapter 13 petition is over what will the bank require me to do about my conventional mortgage

Do I just continue to pay them or what will happen I’m just making sure they can take my home after the bankruptcy is over thanks

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You will just restart paying the bank directly.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I file chapter 13 bankruptcy can I add my home if it’s a conventional mortgage loan

I home is financed threw a bank with a convention loan how does this work if I file chapter 13 bankruptcy

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I purchased a small lot 40 by 115 and the seller did a quit claim deed in 2014 and if I file chapter 7 can they take

My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it

Randall R. Saxton
Randall R. Saxton
answered on May 20, 2023

If it is your homestead with less than $75,000 in equity, then yes, you can file a Chapter 7 and keep it.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: I loaned $15,000 to a friend who filed chapter 13.

She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.

Randall R. Saxton
Randall R. Saxton
answered on May 22, 2023

An attorney can file a Motion to Allow Late-Filed Claims for you, but check her plan first to see the percentage being paid to unsecured creditors. If its 0%, you may not receive anything even if you had been noticed and filed a claim on time.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Ch 7 2018. Mrtg Disch. I Cont to pay $1317/mo. How does this effect Ch 13 if i am able to file? CC/Personal Loan Debt
Randall R. Saxton
Randall R. Saxton
answered on Jan 11, 2023

If you are current on your mortgage, you can file a Chapter 13, if eligible, and continue to pay your mortgage directly to your lender.

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Mississippi on
Q: Do I need to probate my mom's will? I am her only heir, all of her bills are paid & she had no assets in her name.

She had 2 life insurance policies naming me as the only beneficiary. She also had joint checking account with me. I have received 3 checks since her death made out to her estate (the checks were for reimbursement of some insurance premiums). Bank says I need to open an estate account & deposit... Read more »

Randall R. Saxton
Randall R. Saxton
answered on Nov 29, 2022

No, you can complete a small estate affidavit and present that to the bank.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: What role does estate lawyer play in MS when the courts appoints a non family administrator of intestate estate.

Mother died without will in MS. One of 9 heirs was unwilling to compromise on division of land and assets, Heirs hired an attorney but courts appointed a non family administrator. What will the attorney use our money for if there is an administrator.

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Mississippi requires a lawyer to draft and file all of the necessary pleadings with the chancery court.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can a garnishment be stop if I flie bankruptcy

They have already started taking money

Randall R. Saxton
Randall R. Saxton
answered on Oct 7, 2022

Yes

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: My car is going to be repossessed any day can I file emergency bankruptcy can I file online ? how fast can I get a stay
Randall R. Saxton
Randall R. Saxton
answered on Jul 29, 2022

Yes, depending upon availability, most bankruptcy attorneys can file an emergency petition the same day which would immediately prevent repossession.

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1 Answer | Asked in Tax Law for Mississippi on
Q: How long does the state have to collect unpaid sales tax before statute of limitations occurs. I live in MS

The state lost my returns in 2008 and now won’t except a refile. I went out of business in 2010 and filed for bankruptcy on business and personal.

Randall R. Saxton
Randall R. Saxton
answered on Jul 25, 2022

There is no limitation on the time that Mississippi can collect sales taxes from you.

1 Answer | Asked in Tax Law for Mississippi on
Q: How long does MS have to collect back taxes before its past statute of limitations. Such as the federal IRS has 10 year.
Randall R. Saxton
Randall R. Saxton
answered on Apr 16, 2022

Dependent upon the circumstances, the State of Mississippi has no such statute of limitations, and the amount of tax due may be determined, assessed and collected and suit or proceedings for the collection of the tax may be begun at any time after it becomes due.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Do I have to file my husband income if we not together but live in the same house if I file chapter 7.
Randall R. Saxton
Randall R. Saxton
answered on Sep 20, 2021

Yes, you must include his contributions to the household.

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1 Answer | Asked in Tax Law and Family Law for Mississippi on
Q: If I have paid back taxes on my parents property, as well as kept them paid . Am I entitled to it ?

I am executer over estate. Original plan was for me to buy out my siblings. We cannot agree on a price bc they want 20k more than appraisal. This has been going on for 3 yrs now. I have paid ALL expenses, including 5 yrs now of taxes. The 2 yrs behind my mother owed and the3 since her passing.

Randall R. Saxton
Randall R. Saxton
answered on Sep 15, 2021

No, merely paying the property taxes does not entitle anyone to the property.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed Chap. 7 four yrs ago and now looking to file Chap. 13 am I required to pay back all credit card debt?

Or can some of it still be discharged?

Randall R. Saxton
Randall R. Saxton
answered on Jul 27, 2021

If it has been more than 4 years since you filed your Chapter 7, you are now eligible for a discharge in a Chapter 13. The portion of your unsecured debt that you will repay in a Chapter 13 will dependent upon your actual current income and expenses.

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1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My father wrote a will leaving everything to 1 of his 4 children, omitting the names of 3 children from his will. Legal?

A non-lawyer told me all four children should be named in the will even if some are not beneficiaries. True in Mississippi? The children are adults.

Randall R. Saxton
Randall R. Saxton
answered on Jul 4, 2021

There is not a requirement to name all children.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Mississippi on
Q: In biz when policy/procedures (rules/regs) are written, "reasonable" must be defined or examples given. Why not here?

I can't see if this question is linked to the topic I was researching. It concerned cemetery law. 2013 Mississippi Code, Title 41 - PUBLIC HEALTH, Chapter 43 - CEMETERIES AND BURIAL GROUNDS, CEMETERY LAW

§ 41-43-47 - Cemetery rules and regulations

Randall R. Saxton
Randall R. Saxton
answered on Apr 28, 2021

In law, reasonableness is subjective and dependent upon the particular circumstances and people involved, so cannot be broadly defined.

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