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Mississippi Questions & Answers
2 Answers | Asked in Estate Planning and Contracts for Mississippi on
Q: How can I appoint someone other than my spouse to have legal authority in Mississippi?

I'm currently married, but I want to appoint another person to have legal authority over my personal care and any other matters I choose, both now and in the future. I do not want my spouse to have any legal say in my personal affairs. The appointed person agrees to take on these... View More

Brad Williams
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answered on Mar 14, 2025

In Mississippi, you can appoint someone other than your spouse to handle your financial and healthcare decisions by executing a Durable Power of Attorney (DPOA) for finances and an Advance Health-Care Directive for medical decisions. These legally binding documents override a spouse’s default... View More

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1 Answer | Asked in Medical Malpractice, Civil Litigation and Products Liability for Mississippi on
Q: Inquiry about potential class action lawsuits related to Watchman procedure device migration.

I had the Watchman procedure on 04/10/2022 at the Baptist Hospital in Jackson, MS, and it was not successful as the device migrated. My doctor considered its removal but decided to wait six weeks to check it again. It hadn’t migrated further, but I remain concerned and cautious, especially with... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2025

A Mississippi attorney could answer best, but your question remains open for a month. The name does come up in searches, but you would need to research more closely if the context is related to recalls, litigation, or other. Check online, and look into whether product liability law firms handling... View More

2 Answers | Asked in Personal Injury for Mississippi on
Q: Why can’t I pay my doctor bills with my insurance that I have instead of having to pay it out of my settlement money?

I was involved in a hit and run with drunk driver

Andrew Charles Burrell
Andrew Charles Burrell
answered on Mar 7, 2025

You can pay your medical bills with your insurance company, however, many health insurance policies have what is called a subrogation provisions which means that if they pay for medical bills that are the fault of a third party and you collect from that party, the insurance company has a right to... View More

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2 Answers | Asked in Personal Injury for Mississippi on
Q: Why can’t I pay my doctor bills with my insurance that I have instead of having to pay it out of my settlement money?

I was involved in a hit and run with drunk driver

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2025

Your frustration is understandable. Most accident claimants express these same sentiments when confronted with the unpleasant surprise at the end of a case that their insurer wants its money back. Unfortunately, it's the way liens are handled virtually nationwide. Some medical offices... View More

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1 Answer | Asked in Criminal Law and White Collar Crime for Mississippi on
Q: Mississippi charges for possession of counterfeit money from the internet

In Mississippi, what charges could someone face if they knowingly possess and purchase counterfeit money from the internet, attempt to cash a check at a bank, and show the counterfeit money? Legal actions have been initiated, and the individual has a criminal record, but no similar offenses.

Sean  Buckley
Sean Buckley
answered on Mar 7, 2025

In Mississippi, the individual could face multiple charges related to counterfeit currency and fraud, including:

1. Possession of Counterfeit Currency – Under Miss. Code Ann. § 97-21-33, knowingly possessing counterfeit money with the intent to use or distribute it is a felony....
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1 Answer | Asked in Probate, Real Estate Law, Insurance Bad Faith and Civil Litigation for Mississippi on
Q: How can I contest relatives unlawfully seizing inheritance in MS?

I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More

Anthony M. Avery
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answered on Mar 5, 2025

If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... View More

2 Answers | Asked in Public Benefits and Social Security for Mississippi on
Q: Can I apply for SSI while waiting for SSI disability decision?

I’ve been filing for SSI disability while seeing doctors and undergoing evaluations, including x-rays. I'm looking to receive payments while waiting, yet I haven't received any communication from the SSA about my application status. I'm currently facing challenges like memory... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Mar 5, 2025

Typically, you should file for both together. The issue is the SSI is that you do not have enough earned credits to qualify for SSDI. Thus you should call the local social security office and see how many earned credits you have and if you could qualify for said SSDI benefits, If the answer is... View More

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1 Answer | Asked in Probate for Mississippi on
Q: Can an heir dispute an estate after 30 years in Mississippi without a will or trust?

I am dealing with an estate dispute in Mississippi. An heir is trying to dispute the estate, which has not been legally closed, even after 30 years. There is a new claim being made, but there was never a will or trust involved. Can an heir pursue a dispute after such a long period?

Anthony M. Avery
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answered on Feb 28, 2025

Setting aside an order of Probate Court is not going to be successful this late. However heirs are tenants

in common of undivided interests in real property now. Any heir can file quiet title, ejectment, partition, actions etc. now. Hire a competent MS attorney to search the title and...
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1 Answer | Asked in Traffic Tickets for Mississippi on
Q: I received a ticket for no proof of insurance cause I didn't have it in the car at the time.

I obtained a copy of my insurance and sent it to the court which they are saying that my collateral insurance isn't acceptable as it pertains to having car insurance. So is my insurance not valid?

John Michael Frick
John Michael Frick
answered on Feb 11, 2025

Collateral insurance usually insures the interests of a lender in a vehicle pledged as collateral to secure repayment of a loan. If the vehicle itself is damaged, the insurance protects the lender up to the amount of the loan. It is a valid type of insurance, but it is not the same thing as... View More

2 Answers | Asked in Social Security for Mississippi on
Q: I have Social Security disability. They say I am making too much money and want me to pay back $28,000. Do I have to?

I am still disabled yet they want me to pay them back. Am I required because I don't think I should pay back anything?

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jan 16, 2025

It is possible that you owe the money depending on if you are on SSI or SSDI. There are ways to request a wavier of the over payment which are the following:

If you received a letter from Social Security saying you were overpaid, you can do the following12345:

If you do not think...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: I have been charged with first time felony grand larceny of 1000 or less in taking personal property from a gas station

i worked there but i have receipts of where i paid for merchandise. if found guilty what could i be facing in Mississippi

Taylor H. Webb
Taylor H. Webb
answered on Jan 14, 2025

Under Mississippi law, grand larceny is typically defined as unlawfully taking someone else's property valued at $1,000 or more. For purposes of this answer, we'll assume that you meant "more" instead of "less" in your question. The range of sentences for grand larceny... View More

1 Answer | Asked in Probate for Mississippi on
Q: Father in law failed to execute estate, colorado closed it. What happens to money in savings account from deceased?

My father in law was the executor of his late Father's estate. He failed to finish out the probate, but there was a substantial amount of money left in a saving's account. How does he access this money to actually do what the will asked him to do?

Anthony M. Avery
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answered on Jan 10, 2025

Next of Kin of deceased Father need to either file for probate administration without a will, or try to use a recorded Affidavit of Heirship to try to convince Bank to let go of funds. Otherwise the Bank keeps the money and you will never be able to claim Unclaimed Property from State. If you... View More

3 Answers | Asked in Personal Injury for Mississippi on
Q: I have a personal injury lawsuit in. I asked my attorney for a $500 front money on my case to pay some bills.

My case worker said the guy handling my case with said go to a pay day loan and see can I get some money. I think that was insulting for a professional law firm to say to or even make that comment. I'm seriously thinking about changing firms. Never once have she asked me how I was doing since... View More

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2024

As my colleagues correctly point out, attorneys can't front money on cases in general. But in looking at the nature of your expense, it is for medical services, rather than general expenses. You wouldn't be asking this question if there was insurance in some form to cover the services. If... View More

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3 Answers | Asked in Personal Injury for Mississippi on
Q: I have a personal injury lawsuit in. I asked my attorney for a $500 front money on my case to pay some bills.

My case worker said the guy handling my case with said go to a pay day loan and see can I get some money. I think that was insulting for a professional law firm to say to or even make that comment. I'm seriously thinking about changing firms. Never once have she asked me how I was doing since... View More

Michael J. Mandelbrot
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answered on Dec 12, 2024

As attorneys, we have very strict requirements on "fronting" or "advancing" client settlement funds. For an attorney, it is always concerning - Is the Client going to keep asking? What if I don't get recovery in their case? Is this a "Loan"? Most lawyers generally... View More

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3 Answers | Asked in Personal Injury for Mississippi on
Q: I have a personal injury lawsuit in. I asked my attorney for a $500 front money on my case to pay some bills.

My case worker said the guy handling my case with said go to a pay day loan and see can I get some money. I think that was insulting for a professional law firm to say to or even make that comment. I'm seriously thinking about changing firms. Never once have she asked me how I was doing since... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Dec 12, 2024

First the Bar in Mississippi, does not allow for the advancing of funds. If you are not happy with your attorney, I recommend that you contact them and set an appointment with your lawyer and go over your issues with them. If they do not give you answers that provide you peace of mind you can... View More

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2 Answers | Asked in Immigration Law for Mississippi on
Q: Can we switch 2 H1 from J1 and do the Waiver later as Indian citizen with Canadian PR? I read that Canadians can do it.

Hi

My spouse is finishing her fellowship on J1 Visa. She wants to do another fellowship but they don't sponsor J1 visa.

I've H1B with approved i140. Can she switch to my H4 and do the next fellowship?

Once the fellowship is done, she can do the Visa waiver job. Is this possible?

Andrew L Wizner
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answered on Dec 11, 2024

Section 212(e) of the Immigration and Nationality Act prohibits a person who came in J-1 status to the U.S. for graduate medical education from applying for a "nonimmigrant visa under section 1101(a)(15)(H)", which includes H-1B and H-4 visas. Canadian citizens (not Canadian permanent... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Mississippi on
Q: I was broken up pretty bad in 2010 single car accident. I'm the only surviving victim. Numerous of chiropractic session

I had chiropractic sessions for 3 years n returned to work now I'm 39 n all I do is cramp alot because of the severe cold weather I work in. I don't know if it's arthritis or multiple scrirosis which runs in my my family but atm goes dead numb alot

Tim Akpinar
Tim Akpinar
answered on Nov 14, 2024

A Mississippi attorney could advise best, but your question remains open for a week. I'm sorry about your accident. You could reach out to local attorneys to see if they could help you review the matter. But unfortunately, since this happened 14 years ago, that timeline probably closes a lot... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Mississippi on
Q: The ambulance services from North Mississippi refused to bring my bed bound mother home,

claimed it was non emergency. Is there any action I can take for this?

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

A Mississippi attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Mississippi attorney, I don't think you have a case. Across the nation, for the type of setting you describe, nursing homes and hospitals generally require the family to... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Mississippi on
Q: I had an injury to my hand and was told by the first ER I went to that there was no damage and was sent home.

Two days later I had to go back to the ER, but I went to a different location. I then found out I had tendon damage and nerve damage and was referred to my orthopedic doctor. I ended up needing surgery due to the injury. Would it be considered misdiagnosis/malpractice from the first ER visit I went... View More

David Baria
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David Baria
answered on Nov 6, 2024

To pursue a claim for medical negligence you must have an expert witness (an M.D. under the facts you have related) who can provide the opinion that the treatment provided by medical staff at the ER during your initial visit deviated from the standard of care applicable to them. Assuming that an... View More

1 Answer | Asked in Personal Injury for Mississippi on
Q: In front of a business there was an open water meter without the lid on it and I tripped in it. Do I have a case?

There was no sign or anything to warn me that it was open or anything. No cones or caution tape nothing

David Baria
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David Baria
answered on Nov 6, 2024

In Mississippi, to win a premises liability case you must prove that there was a dangerous condition that caused your injury. Additionally, you are required to prove that the landowner (or the occupier if not the owner) either: 1. caused the condition; or 2. knew or should have know of its... View More

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