Lawyers, Answer Questions  & Get Points Log In
Mississippi Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Banking for Mississippi on
Q: My mother-in-law did a transfer on death for her home that she owned and lived in with her two adult sons. One son is my

Husband. He lived there taking care of her and working from home part of time and at our home in Arkansas. MIL left house with TOD in my husband's name only because his brother had so many school loans and she didn't want "the big man" getting on his part. Apparently there is a... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 26, 2023

When your husband sells the home, the home equity line of credit will need to be paid off in order to pass free and clear title to the buyer. Yes, the gift of half of the proceeds to your husband's brother would be a taxable gift to the extent in excess of $17,000. However, there is a... Read more »

1 Answer | Asked in Probate and Real Estate Law for Mississippi on
Q: My grandparents passed in 2002 willed their house to me. Will the probate process be longer and more expensive?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 20, 2023

Probate is probably not an option after 21 years. If you are not an Heir, or there is an adverse occupant, then you may not own any interest at all. Hire a MS attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will give you a source of title.

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 Real Estate Law and Probate for Mississippi on
Q: My mom died in 2015 w/o a will. I am 1 of 3children. We all agree I will get the house. I need to get it in my name.

I recently paid off the mortgage as I have remained living in the home since her death.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2023

Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.

1 Answer | Asked in Family Law and Real Estate Law for Mississippi on
Q: My mother passed in 2018 my father is still living on said land that was in both their names. What are my rights

She had no Will.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 16, 2023

Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Consumer Law, Foreclosure, Land Use & Zoning and Real Estate Law for Mississippi on
Q: if we are paying a mortgage are we suppose to be listed in public records as the owner?

i was looking at my appraisal documents and it has some other people as owners in public record.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2022

Just because you are paying the Note does not make you a titled owner of land. Hire an attorney to search the Title and determine ownership.

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: We were awareded default judgement of $1,100, have received no payment, tenant was evicted. Can he be charged larceny?

Larceny of lease? The tenant did leave our property, but still no payment or promise of.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 12, 2022

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: How valid is a trustee's deed from the executor of an estate trust? Shouldn't it be a warranty deed instead?

Both of my parents died last year. They maintained an estate trust. There are four children listed with my sister being designated as the executor. Recently she distributed the first disbursement in which she wrote herself and my two brothers checks for $150,000. She gave me property in the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 31, 2022

You do not have a right to any type of certain deed conveyance. You can make a motion in the Probate Case, or an action against the Trustee, for a better distribution of Trust Assets, but you will probably lose. Hire a MS attorney to advise you of what to do, but I think you will find that her... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I own an undivided 1/4 interest in a limited partnership. No one likes my division of the property. Who can divide it?

All property is land consisting of pine and hardwood timber. There are 4 partners and I am one of them. There is 2,800 acres total.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 22, 2022

As a Partner you should be able to either sue for a Partition Sale or Division In Kind, or dissolve the Partnership. The Partnership Agreement may define your rights in assets, so read it. Hire a competent MS attorney to either sell the timber, the property or dissolve the Partnership.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: IN the state of Mississippi, can a judgment be made against your home /land if you have a large amount of medical bills

Due to cancer diagnosis , the patient responsibility is up in the thousands after insurance has paid , can they take my land. I have cancer and unable to work and I live on social security.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 9, 2022

Any debt can become a judgment lien against real property. Hire a MS attorney to advise you of Exemption Statutes and proper planning.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: A Lis Pendens against my property was filed in August 2021.

It alleged breech of contract. How long does the estate have to produce the documentation since none was filed with initial paperwork? Can I file to have this dismissed?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 25, 2022

You will need to hire a competent MS attorney to move for summary judgment and a declaration of release.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Mississippi on
Q: Why does my sister have to pay a lawyer to get my deceased mother's house in her name?

My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... Read more »

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mother died August 2017, she had a house in MS that she left to 4 daughters. In September 2019 my niece moved into

The house without permission from 2 of the heirs, and threw out personal belongings in the yard & kept my personal belongings she wanted. The house is still in my mother's name. How do I get my inheritance as being an heir

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 15, 2022

You should probably hire a competent MS attorney to file an action for Partition.

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Mississippi on
Q: Will the irs take away my family houses and cars after my dad passes? He owed back tax everything is only in his name.

Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.

He is in hospice and not mentally able to do anything like sign anything over or make a will.

I want to get the... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 20, 2022

In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: Had uncle who died. My father and my uncle are heirs. Land loan is on the property that is currently being paid.

Yet the county won't let me get tags without proof of residency and everything is still in my deceased uncle's name. Please help

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 20, 2022

The deed to the land cannot be changed without court intervention. It should be probated so that the deed can be changed to the names of your father and uncle. That, however, won’t solve your problem since you are not an heir to the land. You have to establish residency in the county yourself,... Read more »

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if people are living on land I purchased from the state?

I received my patent for tax forfeited lands. I went to visit the property and was told by neighbors. People who were living there appeared a year ago with paperwork saying they owned the land. There is little information on what to do next. I was told by sec of state office, my patent is the only... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 9, 2022

From the looks of it, you may need to consider getting law enforcement involved to effectively escort the people off of the land. Assuming that they have no legal interest in the property, then they are trespassing.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Husband and wife leased house which is not finished. Getting divorced What happens to current lease?

Acquired house during marriage. Leased it out to a gentleman, and the valid lease agreement does not expire until September. Will divorce nullify the lease to this gentleman to allow sale of house?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 27, 2021

The divorce between the couple has no effect on the lease. That is a separate issue altogether. The best thing to do is to contact the party who signed the lease and ask what their intentions are regarding the house or you can wait and see if someone will remain in the house. You can then make your... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Hello. I'm Scott . Would really appreciate your advice on rent to own homes.

Bought our first home . Paid down on it been paying notes for 5 years. Come home one day and a piece of the land has been sold

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 21, 2021

If you did not get a Deed to land, then you did not own it. Rent to Own is a Lease with Option to Purchase, which may never happen or have to be sued upon to enforce. You may have a Breach of Contract Action against the Seller, so contact a competent MS attorney. But the seller may evict you... Read more »

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: Can I be named sole owner of my grandmother's property? She died 11 years ago and had a will.

At the time of my grandmother's death she still owed a mortgage on her house. I paid off mortgage and have paid all taxes and upkeep on property. Her will states house is to be divided between my aunt, her 3 kids and myself. No one has paid anything except me. Her will has not been probated.... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 9, 2021

A person's will cannot be changed after the person has passed.

It sounds like you are living in the house and that is why you have paid the mortgage, taxes and upkeep. When one co-owner pays carrying costs, normally that co-owner is entitled to reimbursement from the other co-owners...
Read more »

2 Answers | Asked in Banking and Real Estate Law for Mississippi on
Q: The bank that services my mortgage has denied me a copy of the contract. What can I do?

Truth in lending

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 30, 2021

You may be looking for something else. But the important instruments are the Mortgage which is recorded at the Courthouse. The Note is secured by the Mortgage, and there should be some Note terms in the Mortgage. The loan servicer is not the lender, and probably owes you nothing as you are... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.