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Because i still need to transfer title after filing Affadavit To Heirship(?)
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answered on Jan 13, 2024
To transfer property in Mississippi from an Administratrix Deed after someone's death with the judge's orders, you typically need to use a Quitclaim Deed or a Warranty Deed, depending on the circumstances.
First, ensure that you've filed the Affidavit of Heirship as required... View More 
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answered on Jan 8, 2024
If probate is closed, then hire a MS attorney to determine heirship and record an Affidavit of Heirship as the heirs source of title. Remember someone has to pay taxes, insurance and any mortgage notes.
She has not probate the will .me and my dad was really close .and for him to cut me out of his will puts red flags up since stepmom has not probated the will.how can I get a copy of will or what is my rights
answered on Sep 24, 2023
You can file an application to probate your father’s estate intestate and ask to be appointed independent administrator of his estate.
If stepmom has a will that leaves everything to her, she will oppose your application and will have to tender the will to the probate court and ask that... View More
I told them their was storeag bill and they went and reported the car stolen and told law were it was and that i stole it
answered on Jul 26, 2023
If you had an agreement with the person who towed the car to your house to pay you a storage fee, you have the right to collect that fee from the deceased person's estate if the estate had enough money to pay that claim. You must present your claim with written evidence of the storage... View More
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answered on Jul 14, 2023
A judge has the discretion to consider various factors when deciding whether to grant conservatorship, including the potential conservator's circumstances and qualifications. While having a medical marijuana card may be a factor that the judge takes into account, it does not automatically... View More
Grandmother left the house to my uncle through a warranty deed. Uncle passed 6 months after grandmother. Uncle left house to me through a will. Uncle never went and did anything to have the house put in his name other than the warranty deed grandmother did. What do I do now? I am the only one named... View More
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answered on Apr 13, 2023
If the Will is not filed for Probate then Uncle's Heirs own the property as tenants in common. If you and the niece are the only heirs, then you might get her to deed her interest to you, with a derivation clause describing heirship. Whatever you do, hire a competent MS to search the... View More
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answered on Feb 20, 2023
Probate is probably not an option after 21 years. If you are not an Heir, or there is an adverse occupant, then you may not own any interest at all. Hire a MS attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will give you a source of title.
I recently paid off the mortgage as I have remained living in the home since her death.
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answered on Feb 1, 2023
Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.
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
answered on Nov 29, 2022
No, you can complete a small estate affidavit and present that to the bank.
Her will wanted her bills paid and i plan to do that from annuity money left to me. I also want her medical records. Her asst living facility wont cooperate. Do i need to probate to get a letter of testimentary for this reason and do i really need a lawyer in court when theres nothing to probate?... View More
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answered on Nov 10, 2022
So called "POA" lost his authority when the principal died, so no POA exists. It does not sound like Probate is needed. Annuity almost certainly passed outside of Estate to designated beneficiary. Decedent's bills are not yours. It sounds like it is over already.
Are you... View More
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.
answered on Oct 24, 2022
Mississippi requires a lawyer to draft and file all of the necessary pleadings with the chancery court.
My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... View More
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answered on Jun 14, 2022
This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... View More
My son was adopted by my parents at an early age. My father believed my son conned him out of his estate shortly after my mother passed. I have an audio recording of my father telling my son this and that he wanted it changed back into his name. My father also stated that my sister and I have just... View More
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answered on May 26, 2022
Hire a competent MS attorney today. More than likely the SOL for an Eviction proceeding is blown, and you are still in possession. The owner/plaintiff will probably have to file an Ejectment suit which is expensive and difficult.
answered on May 5, 2022
Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.
I have only seen the Will of my son’s late father, who passed in 2021. The will leaves everything to our son. However, his parents took control over his businesses, properties, vehicles, guns, accounts, everything. His father is the executor and has not told me a single thing about what is... View More
answered on Apr 27, 2022
You should file a objection with the Court and inform the Court what is going on. There is no reason for the beneficiary to be homeless if there is a house that has been left to him. You can get a copy of the Will from the courthouse. Go to the Chancery Clerk’s office in the county where your ex... View More
answered on Mar 25, 2022
All of your father’s children will inherit equally from his estate. However, the children born outside the marriage will have to prove paternity if he was not legally declared their father.
Can this child file an affidavit of heirship in lieu of probate to have the one piece of real estate transferred to him?
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answered on Mar 21, 2022
The Affidavit of Heirship attests to the Heirs owning as Tenants In Common. It does not transfer anything. Your Relative should hire a competent MS attorney to search the Title, and execute the
Affidavit. He may or may not be an owner or the only one.
The house without permission from 2 of the heirs, and threw out personal belongings in the yard & kept my personal belongings she wanted. The house is still in my mother's name. How do I get my inheritance as being an heir
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answered on Mar 15, 2022
You should probably hire a competent MS attorney to file an action for Partition.
Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.
He is in hospice and not mentally able to do anything like sign anything over or make a will.
I want to get the... View More
answered on Feb 20, 2022
In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is... View More
My father past in 2006 and had no will that I was made aware if recently it has came to my knowledge he had a Ira account but no benifitcy name trying to see what need to be done or could been done in that situation
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answered on Feb 10, 2022
Hire a competent MS attorney to draft and record an Affidavit of Heirship and Next of Kin. Then make a formal demand on the administrator/trustee. But you may have Jurisdictional problems (like where to sue for conversion) or a SOL problem.
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