Mississippi Questions & Answers by Practice Area

Mississippi Questions & Answers

Q: Sister named executor of Fathers will. House left to both of us. Can she rent the house before probate happens?

1 Answer | Asked in Probate for Mississippi on
Answered on Mar 20, 2017

Assuming your father has passed and his name alone was on the property, no one can do ANYTHING until probate has begun. You both (but particularly your sister who is the executrix/personal representative) need to consult with an local probate attorney ASAP and BEFORE you do anything with your dad's property.

Don't be too anxious to 'get this done' that you do it wrong and then have to UNDO things to make it right. That is a recipe for spending more than you need to!

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Q: Can I sue for hospital attracted ecoli infection 2 days after surgery? 3 months later im still recovering.

1 Answer | Asked in Medical Malpractice for Mississippi on
Answered on Mar 15, 2017

Contact a member of the Miss. Assn for Justice who handles medical carelessness cases. They give free consults. Be advised that infection cases are very tough.
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Q: If my child's father is incarcerated at the time of my child's birth can I still give the baby his last name?

1 Answer | Asked in Family Law for Mississippi on
Answered on Mar 4, 2017

Yes. The father does not have to sign birth certificate, and you can put his name on it no matter where he is.

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Q: is it legal for a judge to send a man to prison after he signed a plea for a fine & probation. It was for 1 yr txs.

1 Answer | Asked in Criminal Law for Mississippi on
Answered on Feb 28, 2017

Yes, the judge can enter whatever sentence he or she wants so long as it is within the law. The plea was with the government, not the court. I have seen people plea and then get the maximum sentence anyway.
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Q: Can you use the sholder to decelerate to make a right turn in mississippi?

1 Answer | Asked in Traffic Tickets and Car Accidents for Mississippi on
Answered on Feb 24, 2017

If you mean can you pass on the right? Can you use it as a travel lane (indicated from to make a right turn?) No.
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Q: Disabled daughter files bankruptcy on government housing loan will she owe the IRS

1 Answer | Asked in Bankruptcy for Mississippi on
Answered on Feb 23, 2017

No. Debts discharged in a bankruptcy proceeding aren't usually considered taxable income.
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Q: shooting guns close to someone's house or keeping thirty to forty hunting dogs that bark 24/7

1 Answer | Asked in Criminal Law, Personal Injury, Animal / Dog Law and Public Benefits for Mississippi on
Answered on Feb 16, 2017

Depends where you are. It is illegal in most states to discharge firearms in a city unless at a licensed range. Outside the city it depends on borough or township ordanance. And dogs, like any potential nuissance, aren't if you knew and moved in.

Don't like a stinky neighbor? Don't move next to a chicken barn. Talk to your township about it.
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Q: My brother loaned me money to pay off the mortgage on my apartment. The note is interest free without specified due date

1 Answer | Asked in Probate for Mississippi on
Answered on Feb 12, 2017

It's impossible to say without having looked at the note and mortgage. It may be a demand note, payable on demand by the note-holder, which now may be his estate. Or it may be flawed or unenforceable for unknown reasons. Take the note and mortgage and all other documents you think are relevant and go see an experienced real estate lawyer in your area. Many offer free initial consultations. Good luck.
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Q: Are there any other options on emergency commitment without going through the chancery court? Need help now

1 Answer | Asked in Family Law and Health Care Law for Mississippi on
Answered on Feb 9, 2017

I don't see any other options, but consider contacting a local lawyer. Involuntary commitments required an Order of Commitment signed by judge and Patient Information Form.

This law firms says: http://kellumlawfirmpc.com/tag/involuntary-commitment-drug-addition-rehabilitation/

"Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility. The law requires that the person asking the court to...
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Q: can bankruptcy take my settlement money if I filed bankrupcty 4 years before ?

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Answered on Feb 7, 2017

Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17
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Q: Can a Habeas Corpus be filed on a capital murder charge. Have already done a appeal.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Answered on Feb 1, 2017

An habeas corpus position needs a law who specializes in it. With that said, here is a paper that gives an overview: http://www.fas.org/sgp/crs/misc/RL33391.pdf
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Q: A telecommunications company looking to set up robodialing for a potential gubernatorial candidate in the state of MS.

1 Answer | Asked in Communications Law and Election Law for Mississippi on
Answered on Jan 24, 2017

Political prerecorded calls or autodialed calls to cell phones, other mobile services and restricted lines (like hotels and hospitals) are prohibited unless made with the “prior express consent” of the recipient.
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Q: Is it possible to sue the volunteer fire department if they were in the wrong

1 Answer | Asked in Personal Injury and Real Estate Law for Mississippi on
Answered on Jan 23, 2017

Go with the homeowners, let them take care of it. 1) very tough to prove they left it be; likely they don't have heat sensing equipment and did what they could to check. 2) you left, so you're saying they should have watched? 3) you live there--you may need them.
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Q: Is it legal to have green headlights

1 Answer | Asked in Traffic Tickets for Mississippi on
Answered on Jan 23, 2017

No, at least if you turn them on when moving. "Any lamps illuminated when the vehicle is in motion, other than those expressly required or permitted by the provisions of this chapter, shall, if visible from the front, display a white or amber light; if visible from either side, display an amber light; and if visible from the rear, display a red light."

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Q: Can i sue for wrongful death of my 9 yrs old daughter the accident happened in 1998

1 Answer | Asked in Wrongful Death for Mississippi on
Answered on Jan 11, 2017

I wish I had good news but unfortunately the statute of limitations is long gone. I suggest you contact a member of the Mississippi Assn for Justice as they give free consultations and at least you'll know you did what you could.

If I may presume, as you seem to be in a lot of pain,there is a PTS therapy called EMDR you may want to try--it's not complicated, doesn't require a lot of sessions, no medication. Google Psychology Today EMDR (and name of your town)

All the best for...
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Q: Am I able to purchase a business in bankruptcy?

1 Answer | Asked in Bankruptcy for Mississippi on
Answered on Jan 7, 2017

If the business is in a Chapter 7, you can purchase all of the assets of the business. The Chapter 7 Trustee assigned to the case will advertise an auction.
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Q: I wanna file a wrongful death suit for my mother's death how many years do I have its been a while ago

1 Answer | Asked in Family Law and Wrongful Death for Mississippi on
Answered on Jan 3, 2017

Assuming it's Mississippi it's 3 years I believe. Why not contact a member of the Miss. Assn for Justice--they give free consults.
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Q: Is it possible to sue your ex husband & his wife for damages due to extreme "parents alienation syndrome"?

1 Answer | Asked in Personal Injury, Libel & Slander and Family Law for Mississippi on
Answered on Jan 2, 2017

I don't see it but why not ask your divorce attorney?
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Q: What can I do If I was sold 3 counterfeit LgTone Wireless Headphones as if real by an actual business here in Ms

1 Answer | Asked in Business Law for Mississippi on
Answered on Dec 20, 2016

They are in all likelihood liable for possible misrepresentation (fraud) if what you say is correct. The economics of pursuing a legal claim for monetary damages suggest a consensual resolution is the bast outcome.
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Q: Ok this man hit and killed my baby brother april112015 ok he was high on drugs when he has t my brother's truck ok he's

1 Answer | Asked in Wrongful Death for Mississippi on
Answered on Dec 8, 2016

Get the advice of another attorney. You /the attorney need to find out if there was excess or "umbrella " coverage. Did your brother have insurance on his vehicle? Was there underinsured coverage? Suggest you contact a member of the Miss. Assn for Justice in your area--they give free consultations.
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