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Mississippi Questions & Answers
1 Answer | Asked in Civil Litigation and Criminal Law for Mississippi on
Q: What law gives law enforcement the right to enter onto ones property/land w/out a warrant, and without probable cause?

Also, there was nothing in Plain view, and there were no exigent circumstances.

Arthur Calderon
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Arthur Calderon
answered on Feb 4, 2023

It really depends on the circumstances. Typically, law enforcement can enter one's property without a warrant if, like you said, there were exigent circumstances or in pursuit of someone who the officer was notified was engaged in wrongdoing.

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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Anthony M. Avery
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 Divorce for Mississippi on
Q: In the state of Florida is there such a thing as alimony been in a relationship for 40 years not married
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 31, 2023

You will need to redirect your question to an attorney licensed in Florida.

1 Answer | Asked in Divorce for Mississippi on
Q: Is Mississippi a Property Title State in Divorce? The spouse who holds title to any property, retains the property?

Whether it is Real Estate, an Automobile, etc. Does the spouse who holds title retain the property in divorce?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 29, 2023

Mississippi is an equitable distribution state. The name on the title does not determine who will ultimately end up with the property. The Court will look at the Ferguson factors to make the determination.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: if my chapter 13 case was dismissed today how long before my car is reposses
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 23, 2023

The time for appeal of a bankruptcy court order, to the US District Court, is ten days.

Most creditors will wait to take action for that time to appeal to expire before taking any action such as a repo of collateral that was part of the bankruptcy estate.

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1 Answer | Asked in Adoption and Juvenile Law for Mississippi on
Q: Can I be adopted without parental consent?

I am 16 living in MS. My parents are non-abusive but I can not stand living with them anymore. Is there a way I can put myself up for adoption without parental consent?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 17, 2023

No. You cannot put yourself up for adoption, and you cannot be adopted without the consent of both of your parents, unless a Court has terminated their parental rights.

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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Anthony M. Avery
answered on Jan 16, 2023

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

1 Answer | Asked in Social Security for Mississippi on
Q: I'm 49, have had two heart attacks, a heart catheterization, COPD, emphysema, back issues, anxiety. I need help

I need help getting disability

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jan 16, 2023

If you have access to a computer, you can start an application for Social security by going to ssa.gov. Then apply for benefits. If you get denied you will then need to contact an attorney to help with the appeal process. You can also call the social security office and set up a phone call... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have gotten a felony charge and the arresting officer didn’t read you your Miranda rights can the case be demised
Arthur Calderon
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Arthur Calderon
answered on Jan 15, 2023

It really depends on the situation. The failure to tell a person their Miranda rights does not necessarily mean that the case will be dismissed; however, it could mean that any confession or statements made by the person may not be able to come in. Once again, though, it depends on the situation.

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 Child Support for Mississippi on
Q: If my baby mother gets an apportionment of my VA disability check isn't that considered child support

She get a check on the first of every month

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 9, 2023

The quick answer is that the money taken from your disability money in the name of your child is child support. You do not say if there is a court order in place and, if so, what it says. That information is necessary to say whether the apportionment satisfies any directive from the Court.

1 Answer | Asked in Child Support for Mississippi on
Q: Can a parent be put on child support without a social security number
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 8, 2023

Your question is confusing. Whose social security number are you referring to…the child or the parent?

Once a person is determined to be the biological parent of a child, that person can be ordered to pay child support.

1 Answer | Asked in Personal Injury, Business Law, Health Care Law and Public Benefits for Mississippi on
Q: What kind of lawyer would i use for intercompany short term disability plan denial, admistrated third party sedgwick.

In 2022 I suffered a sudden onset of anxiety and depression after a bout with corona virus. With no known cause I began to go to doctors to try and seek out reason. After an MRI to evaluate my pituitary gland it was discovered that I had suffered at least two ischemic attacks(strokes) of the... Read more »

Damon Miller
Damon Miller
answered on Jan 2, 2023

Hello!

For your issue, it sounds like you would need to talk to someone like me who specializes in ERISA short-term and long-term disability claims. If I gather correctly, it sounds like your issue is that Sedgwick has denied the claim because the disability policy does not cover loss of...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Antitrust for Mississippi on
Q: I think I was lied to buy an obgyn. Is this considered Medical malpractice? Can I receive compensation?

I went to have my mirena iud removed @ the 5 year mark. The nurse practitioner could not find the strings, she used something she called a hook & other tools to find the them. Then I was sent for an ultrasound to check if the IUD was still in place. The obgyn then came in & used more tools... Read more »

Michael Greer
Michael Greer
answered on Dec 25, 2022

Yes, likely. You definitely have injuries and damages and it appears medical negligence caused it.

1 Answer | Asked in Adoption, Child Custody and Child Support for Mississippi on
Q: My brother signed over rights to his child and was supposed to be adopted by the moms new husband. His last

Name was changed and all. DHS keeps taking money out of my brothers paycheck. If he was adopted after my brother signed over his rights, would DHS get a copy sent over once he was adopted to stop taking money out of his checks? And if not, how could they change the child’s last name without being... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 22, 2022

DHS would not automatically receive a copy of the adoption Order. If your brother has a copy, he should take them a copy or contact the caseworker and them that one was entered. However, if your brother was behind on his child support at the time of entry of the Order, he is still responsible for... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Mississippi on
Q: Can I stop my uncle from moving into my grandmother's vacant property if I have power of attorney?

My grandmother has gone to live with one of my uncles in another state, leaving her property here vacant. Another one of my uncles decided he wanted to move into the property and is starting to do so. I have had power of attorney for my grandmother for over a year now and want to know if there is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

Depending on what the POA allows you to do, you may be able to file an action against him to prevent the move or an eviction if he has already moved in.

1 Answer | Asked in Juvenile Law and Child Custody for Mississippi on
Q: Would the custodial parent or non-custodial parent of a juvenile would be responsible for paying fines for probation?

Our child committed a possession of controlled substance; a marijuana vape on school campus and was arrested in the state of Mississippi. He was fined $250 to pay for drug screening and the custodial parent is stating that I'm responsible as well for the fine. This happened while in the... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

You don’t say which court found him guilty or give his age. If he was found guilty in Municipal, Justice, County, or Circuit, that tells me that he is not a juvenile. The Court will look to your son to pay the fine, not either of the parents, custodial or not. He committed the crime, so he pays... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Mississippi on
Q: If you are legally prescribed suboxone by a doctor can a judge refuse custody an visitation due to taking it

I took a drug test and that was the only thing in my system and I go to a doctor who legally prescribes the suboxone to me

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 5, 2022

If the Judge finds that you are not taking the medication as prescribed, he/she can deny custody or restrict visitation. If you are monitored by a physician, take the medication as prescribed, have had no relapses in your original addiction, and have not had any adverse incidents, you will probably... Read more »

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.

3 Answers | Asked in Workers' Compensation for Mississippi on
Q: My dominant hand and about a quarter of my forearm was cut off at work. How much of a settlement should I expect ?

This happened on 11/17/22. I opened a saw up after turning it off to visually inspect a blade. I kneeled down on my knees and the door swung into my back. I reached up and pushed the door back open and I guess my hand hit the button and the saw came back on. As soon as it came on the bottom of my... Read more »

Samuel B. Edwards
PREMIUM
Samuel B. Edwards
answered on Nov 28, 2022

I am very sorry to hear about your terrible injury. The answer as to the value of a personal injury case like this is very fact dependent and absolutely not something you should try and negotiate on your own. I would not submit to an arbitration or a mediation without an attorney as you will be... Read more »

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