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Questions Answered by Randall R. Saxton
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... Read 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.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can a garnishment be stop if I flie bankruptcy

They have already started taking money

Randall R. Saxton
Randall R. Saxton
answered on Oct 7, 2022

Yes

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: My car is going to be repossessed any day can I file emergency bankruptcy can I file online ? how fast can I get a stay
Randall R. Saxton
Randall R. Saxton
answered on Jul 29, 2022

Yes, depending upon availability, most bankruptcy attorneys can file an emergency petition the same day which would immediately prevent repossession.

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1 Answer | Asked in Tax Law for Mississippi on
Q: How long does the state have to collect unpaid sales tax before statute of limitations occurs. I live in MS

The state lost my returns in 2008 and now won’t except a refile. I went out of business in 2010 and filed for bankruptcy on business and personal.

Randall R. Saxton
Randall R. Saxton
answered on Jul 25, 2022

There is no limitation on the time that Mississippi can collect sales taxes from you.

1 Answer | Asked in Tax Law for Mississippi on
Q: How long does MS have to collect back taxes before its past statute of limitations. Such as the federal IRS has 10 year.
Randall R. Saxton
Randall R. Saxton
answered on Apr 16, 2022

Dependent upon the circumstances, the State of Mississippi has no such statute of limitations, and the amount of tax due may be determined, assessed and collected and suit or proceedings for the collection of the tax may be begun at any time after it becomes due.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Do I have to file my husband income if we not together but live in the same house if I file chapter 7.
Randall R. Saxton
Randall R. Saxton
answered on Sep 20, 2021

Yes, you must include his contributions to the household.

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1 Answer | Asked in Tax Law and Family Law for Mississippi on
Q: If I have paid back taxes on my parents property, as well as kept them paid . Am I entitled to it ?

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.

Randall R. Saxton
Randall R. Saxton
answered on Sep 15, 2021

No, merely paying the property taxes does not entitle anyone to the property.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed Chap. 7 four yrs ago and now looking to file Chap. 13 am I required to pay back all credit card debt?

Or can some of it still be discharged?

Randall R. Saxton
Randall R. Saxton
answered on Jul 27, 2021

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.

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1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My father wrote a will leaving everything to 1 of his 4 children, omitting the names of 3 children from his will. Legal?

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.

Randall R. Saxton
Randall R. Saxton
answered on Jul 4, 2021

There is not a requirement to name all children.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Mississippi on
Q: In biz when policy/procedures (rules/regs) are written, "reasonable" must be defined or examples given. Why not here?

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

Randall R. Saxton
Randall R. Saxton
answered on Apr 28, 2021

In law, reasonableness is subjective and dependent upon the particular circumstances and people involved, so cannot be broadly defined.

1 Answer | Asked in Tax Law and Traffic Tickets for Mississippi on
Q: Is there a statute that requires boat trailers to be registered in Mississippi? That is registered, not titled.
Randall R. Saxton
Randall R. Saxton
answered on Jan 5, 2021

Yes, you must have a tag on it the same as a vehicle.

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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