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The life estate was in my name and brothers name . However upon looking at the Will it states “ I hereby give ,devise and bequeath all property of every kind ,character and description owned by me at the time of my death and wheresover situated unto my son , “my name “
My question is... View More 
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answered on Aug 19, 2024
If you were already deeded the life estate (and the remainder went to someone else) in a recorded deed, then the later probated will has no effect on real property the decedent did not own at death. Hire a MS attorney to search the title and determine ownership.
Because i still need to transfer title after filing Affadavit To Heirship(?)
THANK YOU!!!
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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 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.
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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
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
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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
Was exhausted,my brother had made no attempt to pay me what so ever.What do I do,and how do I find out where the trust is
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answered on Oct 23, 2024
Hire a competent MS attorney to investigate whether you have a fiduciary duty breach cause of action or not. You may have already busted the SOL for conversion. If so, and the facts are clear, possibly a theft charge lies with the District Attorney.
It was a legacy deed but they have been divorced 5+ years and she lives in another state
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answered on Apr 1, 2024
Hire a competent MS attorney to search the title and determine ownership. You might own an interest as an heir or she may own the fee. If so, you may want to make a cash offer for her to deed the property to you.
How do I become authorized to file on his behalf and how long does the process take?
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answered on Mar 8, 2024
Consult with a MS attorney. But there is a good chance the SOL has already run on any cause of action your Father had at death.
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
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.
Currently there are 3 siblings, we agree to have the land placed in the youngest name. However, now we need to know how to have the property in all of ours name in case she gets married.
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answered on Oct 25, 2023
Apparently the heirs have not come to an agreement. Hire a MS attorney to search the title, determine heirship, and either draft a deed according to your wishes or sell the property.
My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More
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answered on Oct 5, 2023
Were you and your sister the remaindermen on his Deed? If not, then you probably had no title interest in the land. A promise to Will Devise is not enforceable.
My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More
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answered on Oct 5, 2023
I think that you have the title a little mixed up. Hire a MS attorney to search the title and then advise you of the status. He probably can sell his estate in the land.
Can I earn commission for selling property if I’m a trustee of the will
I am the co executor of my brothers will and have been for 12 years. I earn a monthly income from the trust to take care of everything $833/ mo. A piece of land he owned I advertised and sold. I placed all the... View More
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answered on Aug 11, 2023
You probably need to move the Court to award you administrative and/or fiduciary fees as the executor. It will require an affidavit of services rendered and a request that the Court order it out of Estate assets. It is not a commission. Hire a MS attorney to do this.
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answered on Aug 6, 2023
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answered on Aug 1, 2023
Hire a MS attorney to search the land title and determine ownership as you have not stated the important terms of the Deed. She can probably sell the vehicles.
my family is preparing m mother's assets. she is healthy and well now, however we are looking ahead.
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answered on May 8, 2023
No, and Federal Law targets LE/REM conveyances that are less than 5 years old. Hire a competent MS attorney to explore asset protection. Possibly Mother intends to return or never leave her home.
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.
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.
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
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