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Mississippi Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: How do I file for adverse possession in the state of Mississippi. My wife and I have had possession of a house that my

Father in-law owns for 25 years. In 2015 I went to Georgia but I kept up the bills and maintenance of the house. He passed away in 2018 without a will. We came back in January of this year 2023. Can we claim it through adverse possession without involving her siblings because we are the ones who... View More

Anthony M. Avery
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answered on Sep 22, 2023

Continuous adverse possession has not occurred since you left the property for 5 years. Hopefully you have paid taxes on it for several years. Transferring title by adverse possession is usually a defense to ejectment, not a suit for you to file as plaintiff. Right now you do not have color of... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Me and my mother are trying to transfer her property to my name

We were told we needed to speak with an attorney to get a quit claim deed finalized because all they do is record it and it doesnt make it legal.

Anthony M. Avery
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answered on Sep 21, 2023

Hire a MS attorney to search the title and draft the Deed. Your Mother needs to decide exactly what she wants to do, which may involve a life estate for her, etc. Do not do this yourself.

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: On a life estate does the remainderman have to be named on the life tenants homeowners policy.
Anthony M. Avery
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answered on Sep 11, 2023

Policyholder and insurance carrier can contract either way. But the remainderman is the one potentially loosing the house itself. Life tenants lose use and probably personal property. Usually life tenants pay for policy which insures both estate holders.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: One abandoned home is on a gravel road to our private cemetery. Can we have the road name changed? Wr maintain the road.

We keep the road, trim the bushes and mow the yard.

Anthony M. Avery
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answered on Aug 2, 2023

You probably need to petition your County Commission, or your County Executive.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Do I need a deed for property obtained through intestate succession? In Mississippi.

My dad passed away w/out a will. We’ve done the succession and estate is closed. We haven’t been named as owner on a deed/title. Attorney working case said there would be no deed. I want to know how I get mine and my siblings names listed on deed.

Anthony M. Avery
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answered on Jul 18, 2023

You might have an attorney determine heirship and record an Affidavit of Heirship as the heirs source of title. Your deceased Father cannot convey to you now.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I am a 72 yr. Old Veteran and the man I bought my home and land fron 11 yrs. Ago is trying to steal land . I need help !

This man has told lies about taxes and has had deed changed without my permission !

Anthony M. Avery
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answered on Jun 1, 2023

Hire a MS attorney to search the title and sue appropriate parties for Quiet Title. A Notice Lis Pendens might need to be issued also. You will not be able to do this yourself.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: How do I know if someone can take my property/house from me ?

I have a deed to the house but my grandparents are saying they will take my house away.

Anthony M. Avery
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answered on May 1, 2023

Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I'm in contract with a cash for houses company to purchase my home. Can they back out now days away from end of contract
Anthony M. Avery
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answered on Apr 19, 2023

Read your Contract for a liquidated damages clause. If earnest money is involved, you may be able to keep it. Suing the would be purchaser for Specific Performance may be an option, but you must be ready to execute the Deed on the closing date at the right location. Consult with a MS attorney... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: In MS. 2 own property:husband&wife. wife dies intestate with 2 children. Can her husband get a loan on prop w/out heirs?

Can he sell or get loan against property without their consent?

Anthony M. Avery
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answered on Apr 10, 2023

Hire a MS attorney to search the Title and determine ownership. Husband may own it individually or as a tenant in common with children. If the latter, then a Court could still allow sale of minors' interests.

1 Answer | Asked in Estate Planning, Real Estate Law and Banking for Mississippi on
Q: My mother-in-law did a transfer on death for her home that she owned and lived in with her two adult sons. One son is my

Husband. He lived there taking care of her and working from home part of time and at our home in Arkansas. MIL left house with TOD in my husband's name only because his brother had so many school loans and she didn't want "the big man" getting on his part. Apparently there is a... View More

Nina Whitehurst
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answered on Feb 26, 2023

When your husband sells the home, the home equity line of credit will need to be paid off in order to pass free and clear title to the buyer. Yes, the gift of half of the proceeds to your husband's brother would be a taxable gift to the extent in excess of $17,000. However, there is a... View More

1 Answer | Asked in Probate and Real Estate Law for Mississippi on
Q: My grandparents passed in 2002 willed their house to me. Will the probate process be longer and more expensive?
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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.

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.

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mom died in 2015 w/o a will. I am 1 of 3children. We all agree I will get the house. I need to get it in my name.

I recently paid off the mortgage as I have remained living in the home since her death.

Anthony M. Avery
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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.

1 Answer | Asked in Family Law and Real Estate Law for Mississippi on
Q: My mother passed in 2018 my father is still living on said land that was in both their names. What are my rights

She had no Will.

Anthony M. Avery
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answered on Jan 16, 2023

Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Consumer Law, Foreclosure, Land Use & Zoning and Real Estate Law for Mississippi on
Q: if we are paying a mortgage are we suppose to be listed in public records as the owner?

i was looking at my appraisal documents and it has some other people as owners in public record.

Anthony M. Avery
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answered on Nov 16, 2022

Just because you are paying the Note does not make you a titled owner of land. Hire an attorney to search the Title and determine ownership.

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: We were awareded default judgement of $1,100, have received no payment, tenant was evicted. Can he be charged larceny?

Larceny of lease? The tenant did leave our property, but still no payment or promise of.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 12, 2022

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: How valid is a trustee's deed from the executor of an estate trust? Shouldn't it be a warranty deed instead?

Both of my parents died last year. They maintained an estate trust. There are four children listed with my sister being designated as the executor. Recently she distributed the first disbursement in which she wrote herself and my two brothers checks for $150,000. She gave me property in the... View More

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answered on Aug 31, 2022

You do not have a right to any type of certain deed conveyance. You can make a motion in the Probate Case, or an action against the Trustee, for a better distribution of Trust Assets, but you will probably lose. Hire a MS attorney to advise you of what to do, but I think you will find that her... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I own an undivided 1/4 interest in a limited partnership. No one likes my division of the property. Who can divide it?

All property is land consisting of pine and hardwood timber. There are 4 partners and I am one of them. There is 2,800 acres total.

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answered on Aug 22, 2022

As a Partner you should be able to either sue for a Partition Sale or Division In Kind, or dissolve the Partnership. The Partnership Agreement may define your rights in assets, so read it. Hire a competent MS attorney to either sell the timber, the property or dissolve the Partnership.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: IN the state of Mississippi, can a judgment be made against your home /land if you have a large amount of medical bills

Due to cancer diagnosis , the patient responsibility is up in the thousands after insurance has paid , can they take my land. I have cancer and unable to work and I live on social security.

Anthony M. Avery
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answered on Aug 9, 2022

Any debt can become a judgment lien against real property. Hire a MS attorney to advise you of Exemption Statutes and proper planning.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: A Lis Pendens against my property was filed in August 2021.

It alleged breech of contract. How long does the estate have to produce the documentation since none was filed with initial paperwork? Can I file to have this dismissed?

Anthony M. Avery
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answered on Jul 25, 2022

You will need to hire a competent MS attorney to move for summary judgment and a declaration of release.

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