Section 1307(b) states that on request of the debtor at any time… the court shall dismiss a case under this chapter.
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 »
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.
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
In Mississippi, most property owners get two years after the sale to redeem the property.
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 »
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 »
Yes, if you qualify, dependent upon the Chapter of bankruptcy.
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
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 »
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
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.
"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... Read more »
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.
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.
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.
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 »
Yes, you can set up a trust to transfer the assets into with your desired stipulations.
The will does not have to be notarized, but you should have the witnesses sign a Self Proving Affidavit which does require a notary.
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.
Yes, you may reapply, but whether you are accepted will depend upon that company's policies.
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 »
A probate case would have to be opened to transfer the property to you.
You should contact an estate planning attorney to help you set up a trust.
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
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.
I have no income coming in at for the last three months. I filed the car on bankruptcy, but reaffirmed loan.
If you secure a source of income, you could catch up the car payments that are behind through a Chapter 13 plan.
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.
if i got to the court to have my hearing done again can the creditor ask for additional money ?
Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.
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