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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
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
Do you have a question? If so, try reposting it.
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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
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
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
All family involved, signed the will as requested.
Now, according to my sister (executor), I cannot take possession of the vehicle until one year from the date of the judges signature. I understood it as I could not obtain the title until a year later but I could take the vehicle. What is... View More
answered on Apr 21, 2022
The estate must go through probate, which should be 4-6 months, depending on how quick the executor and attorney work. Once the Judge signs the Order closing the probate and transferring the property, you can take possession immediately. If you are a minor or without a driver’s license, the... View More
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
Yet the county won't let me get tags without proof of residency and everything is still in my deceased uncle's name. Please help
answered on Jan 20, 2022
The deed to the land cannot be changed without court intervention. It should be probated so that the deed can be changed to the names of your father and uncle. That, however, won’t solve your problem since you are not an heir to the land. You have to establish residency in the county yourself,... View More
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