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Questions Answered by Randall R. Saxton
1 Answer | Asked in Landlord - Tenant, Estate Planning, Probate and Real Estate Law for Mississippi on
Q: How can we handle someone refusing to leave an elderly parent's home in Mississippi, attempting to claim the property?

In the state of Mississippi, how can we address a situation where a person moved their belongings into an elderly parent's home 10 years ago after a divorce, without paying rent or expenses, and refuses to leave despite requests from the homeowner and family? This person is an adult child of... View More

Randall R. Saxton
Randall R. Saxton
answered on Jul 10, 2025

As they have lived there so long and established residence, the homeowner will need to serve them a 30 day notice to quit. If they don’t leave after this, the homeowner can file for eviction in the Justice or County Court.

However, without a will, the child will become a partial owner...
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2 Answers | Asked in Business Law, Contracts, Employment Law and Tax Law for Mississippi on
Q: Do I have legal rights to property after separating from fiancé, and who inquires about missing tax refund?

I was in a relationship with my fiancé for almost 14 years, during which we lived together and combined our finances. We have a joint bank account and I worked throughout the relationship, purchasing and paying for most of what we have. My fiancé only worked intermittently for about 3 or 4 years.... View More

Randall R. Saxton
Randall R. Saxton
answered on May 22, 2025

Since you were not legally married, you were not eligible to file a joint tax return. Therefore, he may only inquire about his own return, and you may only inquire about yours.

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Mississippi on
Q: Considering forming an LLC in Mississippi for an online business based in Illinois, exploring its advantages and incentives over potential economic nexus thresholds.

I'm considering forming an LLC for a transaction-based platform online business, similar to a classified ads site, and I currently reside in Illinois. Since the business is entirely online, I am exploring the possibility of forming the LLC in Mississippi or Florida due to their favorable... View More

Randall R. Saxton
Randall R. Saxton
answered on May 15, 2025

All you would need to take advantage of Mississippi’s favorable business laws is a registered agent with a physical presence in the state and complete the online registration with $50. You would only need to register your foreign LLC in Illinois if you are physically operating or hiring employees... View More

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2 Answers | Asked in Probate and Estate Planning for Mississippi on
Q: Can executor refuse to show full estate accounting in Mississippi?

I'm in Mississippi, and I am one of the two beneficiaries of my late mother's estate, with my brother as the executor. He insists on closing the estate without providing a full accounting, claiming he doesn't have to show it to me. No timeline for the settlement was given, but... View More

Randall R. Saxton
Randall R. Saxton
answered on Apr 21, 2025

What does the will say? Many wills request to waive the requirement to do an accounting, and most judges will honor the deceased’s wishes and include this waiver in their order opening estate.

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3 Answers | Asked in Bankruptcy for Mississippi on
Q: Can I get my chapter 13 bankruptcy reinstated if I failed to meet the required payments after a dismissal

I lost hours and had to choose between paying my utilities bills and supporting my daughter senior year and failed behind the only notice I received were that my case were dismissed the letter were sent out on the 25th of January and I received it on the 31st of January and on the 1st of February... View More

Randall R. Saxton
Randall R. Saxton
answered on Feb 1, 2025

Yes, you can file a Motion to Reinstate to request this from the judge if you are able to catch up how much you were behind. If you cannot. you can also re-file a new case.

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2 Answers | Asked in Employment Law, Civil Litigation, Gov & Administrative Law and Municipal Law for Mississippi on
Q: My car was towed from my job today saying I am suppose to have a FedEx handicap placard which *we don’t have* instead of

The handicap card I had displaying on my windshield. I have it because my disabled mother lives with me and we are sharing my car at the moment while we get her vehicle fixed . I am her sole caretaker and my vehicle is the one she rides in. How can this be legal ? I have two small children and my... View More

Randall R. Saxton
Randall R. Saxton
answered on Feb 26, 2024

The person to whom the placard was issued must be in the vehicle to use the placard.

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1 Answer | Asked in Estate Planning for Mississippi on
Q: Does the administratrix has complete control over the estate without the other next of kin opinion of what to be sold

I like to know can they make decisions without the other next of kin opinions on it because I’m dealing with that now. Selling and taking possession of everything and the judge just rulings on everything they ask for and we don’t know nothing until I go to the courthouse and ask for copies of... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 30, 2023

Generally, the administrator must sell everything in order to generate cash to pay creditors and to divide the assets to distribute equally and fairly between the heirs.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Currently in chapter 13. Can I be sued in small claims court for an issue outside of my bankruptcy case?

Did some minor repairs for a friend and they were not satisfied and wanted a refund.

Randall R. Saxton
Randall R. Saxton
answered on Jun 15, 2023

Yes, IF the claim arose after you filed for bankruptcy, it's called a "post-petition debt." A post-petition debt isn't subject to the authority of the bankruptcy court. You won't be able to rely on the automatic stay to stop them from pursuing the claim, and the debt from... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I didn’t add my vehicles in a bankruptcy and choose to continue to make payments and my payments is current they cant

Take them if they’re current after my bankruptcy is dismissed

Randall R. Saxton
Randall R. Saxton
answered on Jun 14, 2023

If current payments have been accepted, under state law, the property cannot be repossessed.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can anyone tell me what this means thanks

AGREED ORDER EXTENDING DEADLINES FOR CASE TRUSTEE AND U.S. TRUSTEE TO FILE $727 COMPLAINTS AND MOTIONS FOR DISMISSAL FOR ABUSE

On ore tenus motion of the debtor(s) and the trustee in the above styled cause to extend the deadlines for filing § 727 complaints and/or a motion to dismiss for... View More

Randall R. Saxton
Randall R. Saxton
answered on Jun 7, 2023

The deadline for the trustee to file a complaint against you or a motion to dismiss for abuse has been extended. While not knowing the circumstances of your case, this is generally due to them not having enough information from you at the time of your 341 meeting to conclude the meeting.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: When the chapter 13 petition is over what will the bank require me to do about my conventional mortgage

Do I just continue to pay them or what will happen I’m just making sure they can take my home after the bankruptcy is over thanks

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You will just restart paying the bank directly.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I file chapter 13 bankruptcy can I add my home if it’s a conventional mortgage loan

I home is financed threw a bank with a convention loan how does this work if I file chapter 13 bankruptcy

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I purchased a small lot 40 by 115 and the seller did a quit claim deed in 2014 and if I file chapter 7 can they take

My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it

Randall R. Saxton
Randall R. Saxton
answered on May 20, 2023

If it is your homestead with less than $75,000 in equity, then yes, you can file a Chapter 7 and keep it.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: I loaned $15,000 to a friend who filed chapter 13.

She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.

Randall R. Saxton
Randall R. Saxton
answered on May 22, 2023

An attorney can file a Motion to Allow Late-Filed Claims for you, but check her plan first to see the percentage being paid to unsecured creditors. If its 0%, you may not receive anything even if you had been noticed and filed a claim on time.

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2 Answers | Asked in Tax Law for Mississippi on
Q: Does a person with 100 percent total social security disability have to pay property tax in the state of Mississippi
Randall R. Saxton
Randall R. Saxton
answered on Feb 23, 2023

Yes. 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... View More

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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.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Ch 7 2018. Mrtg Disch. I Cont to pay $1317/mo. How does this effect Ch 13 if i am able to file? CC/Personal Loan Debt
Randall R. Saxton
Randall R. Saxton
answered on Jan 11, 2023

If you are current on your mortgage, you can file a Chapter 13, if eligible, and continue to pay your mortgage directly to your lender.

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Mississippi on
Q: Do I need to probate my mom's will? I am her only heir, all of her bills are paid & she had no assets in her name.

She had 2 life insurance policies naming me as the only beneficiary. She also had joint checking account with me. I have received 3 checks since her death made out to her estate (the checks were for reimbursement of some insurance premiums). Bank says I need to open an estate account & deposit... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 29, 2022

No, you can complete a small estate affidavit and present that to the bank.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: What role does estate lawyer play in MS when the courts appoints a non family administrator of intestate estate.

Mother died without will in MS. One of 9 heirs was unwilling to compromise on division of land and assets, Heirs hired an attorney but courts appointed a non family administrator. What will the attorney use our money for if there is an administrator.

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Mississippi requires a lawyer to draft and file all of the necessary pleadings with the chancery court.

1 Answer | Asked in Tax Law for Mississippi on
Q: Would I owe MS sale tax for digital wall art? No physical product, only digital download. The pics are stock photos.

I live and would operate in Mississippi. I have not started selling yet. I just wanted to know in advance. If I am exempt from MS sales tax, are there any forms that I have to fill out? Thanks,

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Yes, Mississippi requires that you collect sales tax on digital sales, and apply for a sales tax permit from the Department of Revenue.

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