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Mississippi Questions & Answers
1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I keep my one rental property (only income source) and my home in chapter 7 bankruptcy?

I own two home. One I use as a rental property for income and it is my only source of income. I also own a house with my husband that we live in. Can I keep both? Not a joint filing, only me. My name is on the mortgage for one house and his on the mortgage for the other. But both of our names are... Read more »

Timothy Denison
Timothy Denison answered on Apr 4, 2020

Depends on the value and how much equity you have in the houses. You should consult a bankruptcy attorney to guide you through this.

1 Answer | Asked in Tax Law for Mississippi on
Q: My boyfriend died he took care of me14 years can I use that money to file income tax

I haven’t filed in 13 years and I can’t get the stimulus without it

Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

Unfortunately, as a girlfriend, you would likely not be entitled to any portion of his estate, because you are not considered a legal heir.

1 Answer | Asked in Tax Law for Mississippi on
Q: My boyfriend died he took care of me14 years can I use that money to file income tax

I haven’t filed in 13 years and I can’t get the stimulus without it

Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

Unfortunately, as a girlfriend, you would likely not be entitled to any portion of his estate, because you are not considered a legal heir.

1 Answer | Asked in Tax Law for Mississippi on
Q: My boyfriend died he took care of me14 years can I use that money to file income tax

His family has got everything I have not ask for anything. Yes I’m looking for a job. I’m part time now. I need help. The last year I was going to file he didn’t want me to. Can’t I still rev it

Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

Unfortunately, as a girlfriend, you would likely not be entitled to any portion of his estate, because you are not considered a legal heir.

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: It has been way over 21 buisness days and its first violation but no renovation hearing ..dont they have to release me
Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

Under the Mississippi statute, you are correct, in that MDOC should release you. You should probably consider getting with a criminal defense lawyer so that they can press the issue with MDOC and the judge to secure your release.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Mother is a nurse. She is exposed daily to the covid 19 virus. Is there anyway to try and get temporary custody

The children are at a greater risk of being exposed. Noone in my household leaves the home. The mother is not letting me have visitation due to the virus. Our contempt modification hearing was postponed because of this virus. We live in ms. Mother lives in lousiana. Court jurisdiction is ms

Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

You can attempt to get temporary custody; however, if there is already a custody order in place, it will be incredibly difficult to modify that, even on a temporary basis. That being said, the easier approach would be to separate the contempt side of things from the modification side, so that you... Read more »

1 Answer | Asked in Uncategorized for Mississippi on
Q: Can I file a law suite against the county jail for being denied medical attention. I gave birth in the mail while incarc

I was in labor all night and begged for help but was denied assistance because I was just a "convict" trying to get out of jail. On September 16, 2013, at 6:05 am I gave birth in the Neshoba County Jail

Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

Unfortunately, with the way that Mississippi law works, the time frame to file a lawsuit against the county has likely long-since expired. Typically, to sue a county in state court, you only have one year from the date that the conduct occurred.

1 Answer | Asked in Employment Law for Mississippi on
Q: Hospital directing family member with Asthma to treat COVID patients.

RN nurse has asthma and their usual job is in a orthopedic surgical facility. The facility has been shuddered temporarily and all nurses are reassigned to the main hospital to be placed in care of COVID-19 patients. Hospital has refused to place in a position away from contact with the patients.... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 1, 2020

The nurse could submit a request for an accommodation under the Americans with Disabilities Act, requesting that she be placed in a role allowing her to work without coming into contact with the patients. The request should be accompanied by a doctor's note explaining her condition and explaining... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Mississippi on
Q: I have to send proof of insurance to the state of Mississippi so my license dont get suspended. Who would I send that to
Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

The notice saying you need to send proof would say who it is. If your license is in Mississippi it would be to the department of driver licensing. Your state police should be able to tell you.

Good luck!

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Need legal advice on property after someone passes away without a will or estate.

Need legal advice. Parent passed and left 4 children without a will. The eldest was unable to attend to matters after the parent passed and left another sibling to manage affairs. Now the sibling left to manage property is unable to keep up with property taxes and subject to miss payments and lose... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 22, 2020

Unfortunately, without setting up an estate for your parent, there is not a whole lot that can be done. Your best bet is going to be to get with an attorney sooner rather than later, so that the lawyer can set up an estate, appoint someone to manage the estate, and facilitate transfer or sale of... Read more »

1 Answer | Asked in Civil Rights for Mississippi on
Q: My ex girlfriend cheated on me with another guy now she's pregnant. All I have is pain and suffering.

What can I do? All I have is pain and suffering. She's dating a alcoholic and a pot head.

Arthur Calderon
Arthur Calderon answered on Mar 22, 2020

Unfortunately, there is nothing legally that you can do as far as seeking pain and suffering from either the ex girlfriend or the child's father. That being said, if the child turns out to be yours, then you would have parental rights that would attach.

1 Answer | Asked in Employment Law for Mississippi on
Q: Can employer legally force employees to do Temperature reading before each work day is started
Marshall J Goff
Marshall J Goff answered on Mar 19, 2020

The Equal Employment Opportunity Commission (EEOC) recently gave guidance on this issue and stated that it is permissible, under the current situation, due to the community spread of the Coronavirus, for an employer to take an employee's temperature. However, employers actions related to the... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: Can a employer legally require Employees to take a temperature reading before each work day?
Marshall J Goff
Marshall J Goff answered on Mar 19, 2020

The Equal Employment Opportunity Commission (EEOC) recently gave guidance on this issue and stated that it is permissible, under the current situation, due to the community spread of the Coronavirus, for an employer to take an employee's temperature. However, employers actions related to the... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: Can my employer keep me inside on my brakes

I've been there almost five years.

Greg Mansell
Greg Mansell answered on Mar 18, 2020

Yes. Your employer is not required to give you breaks but they can regulate how they are taken. Brakes of 20 minutes or less must be paid.

1 Answer | Asked in Consumer Law and Contracts for Mississippi on
Q: I bonded a friend out and paid $1000 cash. Turns out they made a mistake and he had a hold. Can I get my $ back

I bonded a friend out of jail and paid the bonds person $1000. Not even 12 hours later they picked him back up and said he wasnt ever supposed to be bonded out because he had a hold with the department of corrections. Can I get my $1000 back? Who regulates bond companies?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 11, 2020

Unless you can convince the bond guy to return your money you are out of luck. Why? Because they will say that they did their job--kept your friend out of stir--and are entitled to keep the bond you paid. Lesson learned: Don't bond out any more friends.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I am going to court for possession of methamphetamine ( less than a gram)...first offense. What do I need to expect?
Arthur Calderon
Arthur Calderon answered on Mar 9, 2020

Hopefully, if you haven't already, you've gotten a lawyer to walk you through the process. At the first hearing, they will ask you whether you plead guilty or not guilty. Depending on your background, your lawyer may be able to arrange so that you 1) avoid jail time, and 2) avoid this going on your... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Mississippi on
Q: I have a problem with allergens Coming from the wall and mold in my apartment.. Have told management for three months

Management has started replacing the carpet room by room which is causing little improvement.. Still have problem with mold that nobody has addressed. I bought a dehumidifier and purifier for air which I will not be

Reimbursed for.. I’m having fun with itching and rashes so bad it is... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 2, 2020

It could depend if you have medical documentation and you could establish the connection between your symptoms and the mold. These can be tough cases. See if a local injury attorney would offer you a free initial consult. You could also contact a landlord-tenant attorney to discuss how these issues... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I am a convicted felon, I was in my girlfriends car and got pulled over. I wasn't aware she had a gun in there and was

Charged, how do I beat this case?

Arthur Calderon
Arthur Calderon answered on Feb 29, 2020

These types of charges are always tricky, because it depends on a lot of different questions. Was the gun registered to her? Was the car hers? How long had the gun been there? Where exactly in the vehicle was the gun? These are questions that should definitely be addressed, as they help build your... Read more »

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: Can MS state use my ny record against me

3 priors in New York robbery 3rd grand larceny 4th, 3rd degree unlawful manufacture methamphetamine ,unlawful criminal possession of a wepon 3rd degree all in ny

Arthur Calderon
Arthur Calderon answered on Feb 29, 2020

It most definitely can, but it will depend on various circumstances, such as when the convictions were rendered, what type of crime you are currently charged with, etc.

1 Answer | Asked in Personal Injury and Civil Rights for Mississippi on
Q: I filed a excessive force lawsuit on mississippi department of corrections for the behalf of my son who was assaulted

The excesivevforce lawsuit was taken on by an attorney from Jackson MS he recently closed the case in the middle of the demand letter.without a good reason why is that he had higher and better cases to work on .i am still in as and dumbfounded I've already sent a letter to the Mississippi Bar .so... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 29, 2020

You should definitely reach out to another lawyer about the case to discuss further. I'd be curious to know whether the other lawyer brought the case under the tort claims act or under a 1983 theory. Regardless, you need to reach out to a lawyer ASAP, as there are some very particular strict time... Read more »

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