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Mississippi Questions & Answers
1 Answer | Asked in Probate for Mississippi on
Q: My mom received a stimulus check for her small business that was in her name and passed away shortly after

The business was hers for over 50 years and in her name. Does her second husband get the money or does it have to be divided with heirs or even returned?

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

The stimulus check is now an asset of your mother's probate estate. It does not have to be returned. The answer to the question of who gets that money depends on a lot of factors such as whether or not your mother had a will and, if she did have a will, what she said in it about the... Read more »

1 Answer | Asked in Traffic Tickets and Animal / Dog Law for Mississippi on
Q: I sold a guy a puppy and he has not made me back the money he agreed can I get my puppy back
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 5, 2020

This is not a traffic issue so I don’t understand why it’s labeled that way, but yes you can sue to get your puppy back.

1 Answer | Asked in Car Accidents for Mississippi on
Q: My son's car was hit by another driver. The other driver insurance is taking a long time to fix my son's car, a month

They exchanged information and the other driver admitted fault. But told his insurance they were both at fault. We had to file police report, get them to acquire the video and get the video sent to them. I keep calling the other driver insurance to get the status of the claim but he hardly ever... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2020

A Mississippi attorney could best advise here, but your post remains open for three weeks. I hope your son and the other driver are okay. As a general matter, I do not see a situation that would provide the basis to sue for mental distress. Because the other driver told his insurance that both... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Mississippi on
Q: I own the land, but a house was already there when I purchased the land. Who owns the house?

I purchased a property in the land tax sale. I have paid all the taxes up and have my deed. There is a house on the property that was not assessed during the land sale. The people who live there have a deed for the vacant lot next to mine, but the house they live in is on the land that I purchased.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 24, 2020

Probably not. They probably own both tracts by adverse possession under color of title. You should have performed a title search prior to purchase. And tax sales are notorious for sometimes conveying nothing, as there are no real covenants of title. With tax sales, you always need a competent... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is 1.00 Grams of METHAMPHETAMINE considered a felony or a misdameanor in the state of Mississippi?
Kevin Stewart
Kevin Stewart answered on Jun 22, 2020

Meth is a schedule II controlled substance and 1.0 grams would be considered a felony carrying up to 4 years in prison.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Mississippi on
Q: How can I legally purchase property that I have maintained for over 10 years?

The property is heir property and the owner would sell it, but believes all heirs would need to be involved(3 total). The owner has been the only heir involved at all with this property and has paid the taxes on it for at least 11 years. This piece of property joins to mine and I’ve maintained... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

Hire a competent attorney to first conduct a title search. Then he needs to determine heirship and record it with an Affidavit of Heirship. Finally get a Deed executed by all Heirs At Law over to you. They may demand some monetary consideration.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Hello

If you got proof about a person stealing and proved it thru. The corporate office .and they acted on it into firing .an employee. And put pictures on Facebook just cause she .said things about this person .

Kevin Stewart
Kevin Stewart answered on Jun 16, 2020

Based upon the information you provided, I am unsure of the question you are asking. Please be more specific when you resubmit.

1 Answer | Asked in Probate for Mississippi on
Q: Can I probate A will using muniment of title without A lawyer in Mississippi? Small estate less than 25 K

Her will stated that the 1 acre of land be put in my name to sell it and distribute the money to the 5 siblings. No other property , no bank account , no insurance , just the land.

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2020

Probate will not help at all, unless there is a surviving spouse. In fact it may draw creditors that you do not know about. File an Affidavit Of Heirship which shows the six siblings' source of title as heirs. Then all of you can sell it or deed it to one owner.

1 Answer | Asked in Medical Malpractice for Mississippi on
Q: Did metronidazole cause my missed miscarriage

I had a missed miscarriage August 2019, I found out I was pregnant in June, before I found out I was pregnant my doctor gave me metronidazole, he didn’t do a blood test to see if I was pregnant nor did he let me take a pregnancy test, I read online that metronidazole is not safe being pregnant in... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 9, 2020

I'm very sorry for your ordeal. This is something that a Mississippi attorney is best qualified to advise on, but your post remains open for four weeks. As a general matter, an attorney is not qualified to make the determination of whether metronidazole was the cause here; that is something... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: I lost custody now custodial parent in jail for murder My son is with custodial parents family and will not give him me

While incarceration i agreed to allow my son to go live with his dad the judge agreed so my son went from dhs custody to his dads custody i never signed anything giving my rights up or anything i never received copy of any custody paper work now im at of jail my sons dad has bern keep my son from... Read more »

Arthur Calderon
Arthur Calderon answered on Jun 7, 2020

You need to get with a family law lawyers ASAP. Assuming that there is paperwork giving you joint legal custody, unless there is something saying that you cannot have the child, then you are entitled to have him in your custody.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I’m out on felony bond I go Wednesday to get indicted will I be arrested again?
Arthur Calderon
Arthur Calderon answered on Jun 7, 2020

So long as the bond has to do with the indicted case, you should be good to go. Regardless, you may want to consider getting with a criminal defense lawyer as soon as possible, as it is not unusual for DAs to try and have the court review the bond immediately upon indictment. Feel free to reach out... Read more »

1 Answer | Asked in Divorce for Mississippi on
Q: If I file for a no-fault divorce, can I later change it to at-fault? What if my spouse files first?
Arthur Calderon
Arthur Calderon answered on May 25, 2020

You can; however, in most cases, a party files with fault based grounds, with ID as an alternative. If you end up coming to an agreement with the other party, then you can agree to proceed as an ID divorce.

1 Answer | Asked in Employment Law for Mississippi on
Q: I was constructively discharged. OSHA confirmed that my issues were valid and true. The company admitted that, Can I sue

I was hired as A boat Captain in MS to replace the existing Captain ( howard) who the company said, was Going to retire. Howard had no intentions of retiring. Howard did everything he could to run me off. I tolerated it for sometime because I really needed the Captains job. Eventually it became... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

There may be a case there for constructive termination; however, your best bet is going to be to contact a lawyer directly to review the facts and circumstances in more detail. Feel free to reach out to any lawyer on here by clicking the contact information next to their name. Most lawyers on here,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can I request a continuance on my case without a lawyer, due to Covid-19, without having to be in court?

I have court on Tuesday May 26th. The court has already continued the trial twice now due to Covid-19. I have not been able to find council, nor can I afford an attorney with being without a job due to covid-19. So I need to request a continuance for those reasons and also because I don't... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

Your best is going to be to contact the court and request the continuance, and explain to them the reasons for your request.

1 Answer | Asked in Collections for Mississippi on
Q: I failed to appear in court twice over a medical debt. What are the consequences besides having a judgement entered?
Arthur Calderon
Arthur Calderon answered on May 22, 2020

Once a judgment is entered, then they request review of all of your assets to collect on the judgment. That being said, if you have been summoned to appear and fail to do so, you may also be looking at criminal penalties.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My daughter turns 12 next month and wants to live with me full time. Can I do this myself at a courthouse w/no lawyer?

I understand that the child can choose which parent they want to live with if they are 12 or older, even though the judge has the overall decision on the matter after an interview with the child. Now to my question. Is having a lawyer required for this process? Or is it something I can go to the... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

It is something that you can attempt to do yourself; however, when it comes to custody matters, many judges throughout the state require that the parties be represented by an attorney.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: How do I file for a certificate of rehabilitation in MS, through the circuit court?

December 2013 charged with 3rd DUI, May 2015 completed house arrest, october 16 completed probation.

Arthur Calderon
Arthur Calderon answered on May 18, 2020

You would need to file a petition for a certificate of rehabilitation with the circuit court. Be aware, though, that petitioning the court is not a guarantee that the judge will issue a certificate. The court typically considers several factors, such as the nature of the underlying conviction, how... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My ex. arrears balance is 84,000 for twins who are now 23. One has a handicap. Does this balance expire due to age?
Arthur Calderon
Arthur Calderon answered on May 16, 2020

Yes. Your children (or you acting on their behalf) have until their 28th birthday to initiate an action against your ex to collect the arrears, otherwise the balance may be wiped clean. I would highly encourage you to reach out to a family law attorney as soon as possible, so that an action can be... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: If you have been sentenced to drug court and then ran with a 15 year sentence can you still go get an identification car
Arthur Calderon
Arthur Calderon answered on May 16, 2020

You should be able to get an ID card, since participation in drug court or a probation program does not limit your ability to obtain identification.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: 1) If an officer in MS does not show to court will the ticket be dismissed 2) Can an officer pull you over for passing?

Was pulled over for "speeding" when legally passing on a two-way highway. No cars were coming the other way and weather conditions were fine.

Arthur Calderon
Arthur Calderon answered on May 16, 2020

If he doesn't show, you definitely need to ask that the case be dismissed, since you have the right to confront him. That being said, depending on the judge, be prepared for the prosecutor to try and continue the matter until a future date to allow the officer to appear.

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