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Mississippi Questions & Answers
1 Answer | Asked in Probate for Mississippi on
Q: When a parent dies in probate do the adult children names have to be on deed to house to sell it?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

Your question makes no sense. More than likely the heirs at law of the deceased parent are the owners of the house. You will need a competent attorney to search the title, draft an Affidavit of Heirship, and draft a Deed to the buyer.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Mississippi on
Q: In biz when policy/procedures (rules/regs) are written, "reasonable" must be defined or examples given. Why not here?

I can't see if this question is linked to the topic I was researching. It concerned cemetery law. 2013 Mississippi Code, Title 41 - PUBLIC HEALTH, Chapter 43 - CEMETERIES AND BURIAL GROUNDS, CEMETERY LAW

§ 41-43-47 - Cemetery rules and regulations

Randall R. Saxton
Randall R. Saxton answered on Apr 28, 2021

In law, reasonableness is subjective and dependent upon the particular circumstances and people involved, so cannot be broadly defined.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: My mother is leaving me her house after she passes. The warranty deed right now shows her as the grantee and me as the

grantor. Is that not backwards?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Sounds like she was the grantee when she bought the house. A new deed from her to you would have her as the grantor. Does she have a will, stating her intentions?

1 Answer | Asked in Car Accidents, Civil Rights and Small Claims for Mississippi on
Q: I need to know if someone can take me to court over a car that is in my name that I was allowing to make the payments on

This family member had paid a year worth in advance of payments and still have two months remaining when I took the car back because she refused to get insurance in her name so it was in my name and we had a agreement a handshake agreement that no one wants to drive the vehicle besides her and I... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 19, 2021

A Mississippi attorney could advise best, but your question remains open for two weeks. It's difficult to predict what could happen in this situation because it is a somewhat unconventional way to sell or transfer a car. There are some loose ends here in terms of ownership, insurance, and... Read more »

1 Answer | Asked in Insurance Defense for Mississippi on
Q: Can I still take my insurance to court and it count, even though I got it two days before my court date?
Arthur Calderon
Arthur Calderon answered on Apr 18, 2021

It really depends on the judge. Some judges will toss out a charge if you've acquired insurance since the ticket, while others will oftentimes make their decision based solely on whether you had insurance at the time that you got the ticket.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My friend was charged with possession and the task force is demanding that he set someone up but he was already arrested

He had 3.5 grams of meth

Arthur Calderon
Arthur Calderon answered on Apr 14, 2021

Your friend does not have to cooperate with the task force. Depending on the circumstances, they may be able to avoid jail time and having this go on their record; however, it will depend on whether they have any priors, if there were other charges, etc.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: On a burglary charge is there a lesser charge to plea to because i was the driver and unaware of a burglary happening
Arthur Calderon
Arthur Calderon answered on Apr 14, 2021

It depends on the type of burglary; however, it is not uncommon for there to be a change to something like trespassing or accessory after the fact.

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: I have full custody of my daughter and now she wants to live with my mother

I have been to court with her biological father 4 times he has never been on thebirth certificate And we are waiting on the district attorney To pick up a felony charge for the $43000 back child support he owes now at 7 the child wants to live with my mom Does that mean at that point that my mom is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 6, 2021

Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and... Read more »

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: My neighbour’s dogs keep coming in my yard and I have two cats outside that I’m scared the dogs will attack and hurt

What can I do to protect my pets? I have a camera outside showing their dogs in my yard even on my front porch!

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 6, 2021

The first thing to do is to read the county or city ordinances (depending on where you live) to find out about your remedies. If your local Sheriff’s Dept or city has an animal control division, call them and report the loose dogs and your fears. The video will be your best evidence.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: i just need to know how where and what to do to get a child modification in mississippi..

they are going off of my income from YEARS ago. and i no longer work due to health problems. i was counting on the stimulus to pay my bills but i got a paper saying they took my taxes due to child support. when i look on the website it doesnt give me any answers just more run arounds

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

You need to file for a modification of the last court order requesting a decrease in your child support amount. You will have to show a decrease in income since the entry of the last order that was caused by circumstances beyond your control. In other words, you didn’t voluntarily quit your job... Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: My friend’s mother filed for custody of her daughter. She was awarded based on lies. How can she get custody back?

My friend was with a man who her mother did not approve of. Her mother would keep her most of the time while my friend worked. Her boyfriend at the time went to jail. Her mother filed for emergency custody, lied and said she brought her daughter to the jail for visits, again lied and said she was a... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Your friend will need to hire an attorney for this one. She will have to file for a modification of the present order and request custody. She will have an uphill battle and may be successful in only gaining incremental gains over time. In other words, it may take more than one filing over time.... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: A sibling has custody of brother, the dad wants to see him after being out of prison for months. Child has expressed

He doesn't want to see him at all because after getting out of prison the first time he went back to jail months later and even after getting out the second time he choose to go back to his same ways not trying to see child until months after being out now the kid just choose not to see him at... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

You don’t say how old the child is, so the quick answer is maybe. If contact is denied to the father, he will have to petition to court for either visitation rights or some kind or contempt if there is an Order in place establishing his visitation rights.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a non-custodial parent's visitation be restricted to supervised if she is suicidal?

The children are 10 year old triplets and have been in the father's custody for 8 years. Mother has visitation. Last night, mother sent text messages to all 3 of the children on their cell phones threatening suicide. What steps will have to be taken and is it possible to have an emergency... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Yes, an emergency hearing would be available to the custodial parent in this situation with or without notice to the noncustodial parent, depending on the circumstances. However, steps should be taken to file such a motion immediately. Once the emergency has passed, the custodial parent will have... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Can a sperm donor who helped a same-sex couple have a baby pursue rights to the child if he signed papers with a notory?

The biological mother and her partner are both on the birth certificate and in the agreement signed by the sperm donor and the mother states that he would not pursue any rights and that the biological mother has the right to appoint whoever she wanted as the other parent of the child.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

The first consideration for Chancery Court is the best interest of the child. The contract between the donor and the birth mother is only one piece of evidence to be considered. The donor may be able to contest the arrangement and seek visitation with the child. However, it will not be an easy... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: What does it mean if you get a letter from DHS saying This is an arrears only case. There is no obligation to review

I was paying back child support and I just got a letter from DHS saying: This is an arrears only case. There is no obligation to review. What does this mean

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

The letter means that DHS is attempting to collect a debt of past due child support only, not current support. Also, the agency is not reviewing the file in an effort to increase the monthly support amount.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Q: My brother just got sentenced, how do I go about filing an appeal? Or what do we need to do?

Would we be able to hire a lawyer to do an appeal on his case?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I live on in a subdivision, called Hearns Circle, in which make a circle drive, the new land owner, opened a restaurant

I ask them not to block my drive, and the next day there is a chain across my drive, I lived here 25 yrs.... As well I had a drive put in off the main highway can they legally block that part of the drive

Anthony M. Avery
Anthony M. Avery answered on Apr 5, 2021

Hire a competent attorney to search both titles. There may be an express Easement of record, or you should have an Easement By Prescription. In the latter case, you will have to file suit to have the Easement declared in force.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are secret indictments still able to take place in Mississippi
Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Yes. Typicaly, indictments remain secret when the accused is either unable to be located (and wasn't previously arrested) or there is a co-defendant that remains at large.

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Does the degree of murder have to be specifically stated in a plea bargain petition?

The plea bargain petition offered by the state didn't specify what degree of murder I'd be pleaing guilty to.

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Typically, yes; however, there is some case law that says that as long as the degree of murder is discussed during the plea hearing, then that may end up taking care of any defects in the underlying plea petition.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My Husband was charged with Natrual Life on case with 3 others he did not shot or kill anyone and he got the most?

He did not kill no had no gun and was lied on by a co defendant who should of been impeached for lying and he had 2 mis-trials and should of had on on 3rd but lawyer was not doing his job properly

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

These types of cases are always tricky, especially when there have already been multiple trials. Has your husband filed an appeal? If so, what were the grounds?

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