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.
No, merely paying the property taxes does not entitle anyone to the property.
Or can some of it still be discharged?
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.
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.
There is not a requirement to name all children.
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
In law, reasonableness is subjective and dependent upon the particular circumstances and people involved, so cannot be broadly defined.
Yes, you must have a tag on it the same as a vehicle.
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.
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.
