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Questions Answered by Randall R. Saxton
3 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed chapter 13.My hearing is in 3 weeks. Thing is I don't want to pay 5 yrs....can I change my mind.what will happen
Randall R. Saxton
Randall R. Saxton answered on May 12, 2020

Section 1307(b) states that on request of the debtor at any time… the court shall dismiss a case under this chapter.

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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 Real Estate Law and Tax Law for Mississippi on
Q: What is the ejectment process and time for an occupied property in Mississippi acquired through a tax deed

Hi I would like to know what is the process and time for an ejectment in Mississippi State when the property is obtain through a patent from the state

Randall R. Saxton
Randall R. Saxton answered on Feb 24, 2020

In Mississippi, most property owners get two years after the sale to redeem the property.

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 »

3 Answers | Asked in Bankruptcy for Mississippi on
Q: I have 15,000 in medical bills, no credit card, vehicle is fully owned, no other loans or bills. Can I file bankruptcy
Randall R. Saxton
Randall R. Saxton answered on Feb 18, 2020

Yes, if you qualify, dependent upon the Chapter of bankruptcy.

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1 Answer | Asked in Tax Law for Mississippi on
Q: Does Mississippi allow churches as a 501(c)3 to have a consumer's certificate of exemption on sales tax?

We have come from other states that do have exemptions for churches on sales tax and It just seems odd that Mississippi would not as well

Randall R. Saxton
Randall R. Saxton answered on Sep 25, 2019

No, Mississippi does not exempt religious organizations from sales tax. However, churches may be exempt on the purchase of utilities if they qualify for a federal income tax exemption under 26 USCS Section 501(c)(3) if the utilities are used on a property that is primarily used for religions or... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: I believe the statutes of limitations on delinquent credit card debt in Mississippi is 3yrs. When does that 3yrs, start

Is it from the date of the last payment made on the account or does it start 180 days after the last payment made on the account

Randall R. Saxton
Randall R. Saxton answered on Aug 7, 2019

The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.

1 Answer | Asked in Tax Law for Mississippi on
Q: I have a public sale state tax lien on my record how long is the statue of limitation in the state of mississippi
Randall R. Saxton
Randall R. Saxton answered on Oct 30, 2018

"Depending upon tax type, the statute of limitations begins running when a tax return is filed, or on the due date of the return. The statute of limitations is typically 36 months from that date as specified in the various tax laws.

If a tax return is filed prior to the due date of the...
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1 Answer | Asked in Business Formation for Mississippi on
Q: Have a loan through republic finance, hardship, unable to make payments, afraid of what they can do to me.

It's almost impossible to pay them off, but have faithfully paid them for 4 years, I have considered filing bankruptcy but don't know where to start of if I have enough debt to do so. I need help.

Randall R. Saxton
Randall R. Saxton answered on Oct 3, 2018

You should meet with a local bankruptcy attorney for a free consultation to discuss your options. There is no “minimum” amount of debt required to file.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Must a KY will that leaves nothing to the children mention the children? If it doesn't is it contestable?
Randall R. Saxton
Randall R. Saxton answered on Mar 14, 2018

In most states, there are laws that say children who aren't mentioned in a will can petition for a portion of their parents’ estates to prevent accidental disinheritance. Because of these laws, a testator should specifically mention a child they want to disinherit.

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on
Q: We wanted to leave our land and store to our grand-daughter, under the condition that it's not sold.

How do we go about leaving the land and the structures on it to our deceased son's daughter in our will (and makes sure our grand-daughter is going to keep it) over our daughter with this condition in place? Our daughter will attempt to take it from her and then sell the land as soon as we... Read more »

Randall R. Saxton
Randall R. Saxton answered on Mar 8, 2018

Yes, you can set up a trust to transfer the assets into with your desired stipulations.

1 Answer | Asked in Estate Planning for Mississippi on
Q: In Mississippi do wills need a notary as well as witnesses
Randall R. Saxton
Randall R. Saxton answered on Mar 2, 2018

The will does not have to be notarized, but you should have the witnesses sign a Self Proving Affidavit which does require a notary.

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: Looking into buying a vehicle that was in bankruptcy.. owner has no title bankruptcy has been discharged..
Randall R. Saxton
Randall R. Saxton answered on Feb 15, 2018

The owner will need to contact the lender to see if the lender will release the title. The lender is not required to do so if their lien was never paid.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I filed an apartment under bankruptcy 5 years ago can I reapply at the same apartment?
Randall R. Saxton
Randall R. Saxton answered on Jan 25, 2018

Yes, you may reapply, but whether you are accepted will depend upon that company's policies.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Mississippi on
Q: In the state of Mississippi does a person get ownership of a piece of property that was left to him in a will.

My dad and his wife had a loan together and they put all the properties up to secure the loan. Of those properties 3 of the properties are in my late dad's and wife's name. Which would easily pay the loan off. Would the properties that were left to me have to go up for sale as well? Or... Read more »

Randall R. Saxton
Randall R. Saxton answered on Jan 24, 2018

A probate case would have to be opened to transfer the property to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: Want to set up a trust so land can't be sold, only passed to family members in Mississippi. What do I need for this?
Randall R. Saxton
Randall R. Saxton answered on Jan 16, 2018

You should contact an estate planning attorney to help you set up a trust.

1 Answer | Asked in Tax Law and Child Support for Mississippi on
Q: My divorce papers say I can claim two children and my ex wife can claim two children but for this past tax year all the

Children and my ex wife lived with me and I supported them all. So do I have to go by what the divorce papers said? They say that I can only claim two

Randall R. Saxton
Randall R. Saxton answered on Jan 16, 2018

If the children lived with you for at least six months of the tax year and if you provided more than half of their living expenses for the tax year or if you get the noncustodial parent to sign an IRS Form 8332, you can claim them.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was discharged in October, and I haven't worked since October 31 due to surgery, and now behind on car note.

I have no income coming in at for the last three months. I filed the car on bankruptcy, but reaffirmed loan.

Randall R. Saxton
Randall R. Saxton answered on Dec 26, 2017

If you secure a source of income, you could catch up the car payments that are behind through a Chapter 13 plan.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I am on Chapter 13 bankruptcy. I just had a baby and struggling. Can you get a personal loan while im on bankruptcy
Randall R. Saxton
Randall R. Saxton answered on Dec 18, 2017

Yes, if the lender agrees, you can either pay the post-petition debt outside of your plan or request court approval for the debt to be added to your plan.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Employment Law for Mississippi on
Q: i recently got a garnishment notice from my employer but i never was served any court papers for the lawsuit

if i got to the court to have my hearing done again can the creditor ask for additional money ?

Randall R. Saxton
Randall R. Saxton answered on Nov 11, 2017

Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.

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