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Mississippi Estate Planning Questions & Answers
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 Estate Planning, Real Estate Law and Child Support for Mississippi on
Q: Parents willed a house to me but there's no deed or survey for it.

I am finding out that it will never be in my name. Do I have any recourse?

Anthony M. Avery
Anthony M. Avery answered on Jun 29, 2021

There is no recourse for you against anyone. But your Parents probably took the property as heirs at law under intestate succession. You may want to hire a competent attorney to search the title and determine heirship. Then you record an Affidavit of Heirship in the County Records. That will... Read more »

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: Do I any right as a niece with my aunt that don’t have any children and have never been married

All her siblings are deceased

Julie King
Julie King answered on Jun 14, 2021

If your aunt had a trust or will, then the document will say who inherits her assets. If she had no trust or will, then the probate laws will state who inherits her estate. A lawyer would need to know what state your aunt lived in before a lawyer could tell you what the probate laws of that state... Read more »

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.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: My mother is leaving me her house after she passes. The warranty deed right now shows her as the grantee and me as the

grantor. Is that not backwards?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Sounds like she was the grantee when she bought the house. A new deed from her to you would have her as the grantor. Does she have a will, stating her intentions?

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My husband just died today of a overdose and he had a car would I get the car and how would I do that
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

You would need to change the title. See if your state has a small estate process for situations like yours. Short answer is yes.

1 Answer | Asked in Estate Planning, Banking and Probate for Mississippi on
Q: Can stepson take entire savings in mine and now deceased husbands bank account

We had put my stepson on the account in the event something happened to us he would have access. My husband passed away suddenly and within a matter of days my stepson had taken entire amount and will not speak to me. Is there anything I can do to get my money back since he was on the account. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 14, 2021

This is a classic case of do it yourself estate planning gone wrong. It might be theoretically possible for you to recover the money, but you will have to sue your stepson to get it back, and you will have the burden of proving that the money was yours and not his. You did not say how much money... Read more »

1 Answer | Asked in Estate Planning, Intellectual Property, Probate and Real Estate Law for Mississippi on
Q: If A will hasn’t been probated can the estate / property be sold
Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2020

Most decedents die intestate. As such their heirs-at-law take the real property at death, and the next-of-kin take the personal property. If a Will is not Probated it has no effect. A recorded Affidavit of Heirship should be the source of title for the Decedent's relatives. If a buyer... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Mississippi on
Q: a piece of property is left in the estate of a parent that is now deceased and split between the wife and 4 children.

If one of the children passes away before the property is split and they have a lien for medical bills, do they siblings inherit that debt or the children? and Do the children inherit that siblings portion of the property?

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2020

The possible medical care Lien is against the property, not the Heir's At Law. It is not their personal obligation, but could be executed against the land or the Estate of the Decedent who incurred the medical bills. And the children will take by representation of the deceased sibling. You... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Mississippi on
Q: How can I legally purchase property that I have maintained for over 10 years?

The property is heir property and the owner would sell it, but believes all heirs would need to be involved(3 total). The owner has been the only heir involved at all with this property and has paid the taxes on it for at least 11 years. This piece of property joins to mine and I’ve maintained... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

Hire a competent attorney to first conduct a title search. Then he needs to determine heirship and record it with an Affidavit of Heirship. Finally get a Deed executed by all Heirs At Law over to you. They may demand some monetary consideration.

1 Answer | Asked in Divorce, Estate Planning and Probate for Mississippi on
Q: My ex husband died and the title to his truck is still in my name. Do I have rights?

Ex husband died. Truck title in (his name OR my name). He did not change over the truck title. We divorced 5 yrs ago and he remarried 2 years ago. We have a 20 year old son. Is the truck mine or is my son 50% heir to the truck along with the new spouse? We did have PSA that stated he was given... Read more »

Randall R. Saxton
Randall R. Saxton answered on Apr 21, 2020

Although a divorce decree can reassign the ownership of a vehicle, the decree does not invalidate the title. At a bare minimum, his one half interest in the vehicle is a probate asset. You should schedule a consultation with a local probate attorney.

1 Answer | Asked in Estate Planning for Mississippi on
Q: Is it legal to withhold the death certificate from the beneficiary of a life insurance?

I have a family member who recently died and left a small $10k life insurance policy to a non-family member, who is not biologically related to the deceased. My family has received the death certificate, and the estate is currently in probate. My other family members are refusing to give the... Read more »

Randall R. Saxton
Randall R. Saxton answered on Feb 18, 2020

In my opinion, if she is indeed listed as the beneficiary of the life insurance policy, she has a tangible interest, and should apply for her own certified death certificate, as the insurance company will issue the benefit directly to her, and life insurance proceeds with a named beneficiary pass... Read more »

1 Answer | Asked in Estate Planning for Mississippi on
Q: In reference to my previous question

"If my husband dies while paying a secured loan, am I responsible for that loan. Can they take the collateral from me?":

I am not a signer on that loan and we do not live in a community property state. Much of the collateral is household goods; appliances. Are you saying that they... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

That is the nature of collateral, yes. The secured lender can take the collateral if the loan goes into default.

1 Answer | Asked in Estate Planning, Family Law, Probate and Social Security for Mississippi on
Q: I have a step sister who has my father's power of attorney and he has passed away. She is saying she is also incharge of

his estate. I have never seen his will or anything. She claims he has a lot of debt. She is wanting my social security # because she cashed his check for December the month he died. She states she needs that so they can take the funds out of the estate. Thank You Annette

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

The only way that she can legitimately be put in charge of the estate is if she already filed the paperwork with a chancery court and the court appointed her as the executrix over your father's estate.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My brother in law signed an affidavit that my husband had no wife to get my husband bank account and 401k.what can I do

My husband was retired military and we where having problems but was never divorced.

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

That is fraud and theft and other things. Hire an attorney to pursue the claim against your brother in law.

1 Answer | Asked in Estate Planning for Mississippi on
Q: My sister created a Durable Power of Attorney for the state of Mississippi on legalzoom for $15.00.

My mother did sign it and It was notarized, but never filed anywhere. At that time I think my mother had mild dementia. Now she has severe Alzheimer's. Does my sister need an affidavit from my mother's physicians as to incompetence? Is this a legal document, seeing that she did it at... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 4, 2020

It doesn’t need to be filed anywhere in order to be legal, but no attorney in this forum can give you an opinion regarding the legality of it without reviewing the document and engaging in a consultation regarding the circumstances of its execution. Also, whether a doctor’s opinion is needed... Read more »

1 Answer | Asked in Copyright and Estate Planning for Mississippi on
Q: Hi can grand kids fight for money that grandfather left them when they were younger that was stolen from them by uncle .

Also grandfather left their mother money but before she could get it she passed away ...her half was suppose to go to her 3 children,right?

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

Your claim is premised on the contention that the children should have inherited from their mother. That may be true, but it is not necessarily true. There are not enough facts stated in your question to determine that. Your mother might not have inherited from your grandfather at all if she did... Read more »

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: How much would it cost and how long does it take to probate a will and to make a new will.
Nina Whitehurst
Nina Whitehurst answered on Sep 25, 2019

There is no standard, fixed price for probate and there is no standard, fixed price for creating a will. Every case is different. Some are relatively simple. Some are relatively complex. Your best bet is to make an appointment for a personal consultation with a local estate planning attorney... Read more »

1 Answer | Asked in Contracts and Estate Planning for Mississippi on
Q: Can I legally have a power of attorney changed?

My fiancee is incarcerated,and will be for 2 more years.he signed a power of attorney,and it was notorized but not filed at the court.can he change his power of attorney to another person?if so,how?

Nina Whitehurst
Nina Whitehurst answered on Aug 27, 2019

There is no requirement to "file" a power of attorney with the "court". A competent adult can always change their power of attorney by creating a new power of attorney that revokes all prior powers of attorney. Notice of revocation should be given to the agents who are being... Read more »

1 Answer | Asked in Estate Planning for Mississippi on
Q: What’s the best way to leave property to someone that is not a direct heir?

I have an uncle that wants to leave some property to my under age son, upon my uncle’s death. He has children of his own and I don’t want it to be an issue for my son when the day comes. This is some nice real estate and a decent amount.

Arthur Calderon
Arthur Calderon answered on Feb 5, 2019

He can always amend his deed to make it where he and your son share an interest in the property with rights of survivorship, or he can draft a will indicating that that particular property goes to your son upon his passing.

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