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Mississippi Elder Law Questions & Answers
2 Answers | Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi on
Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various... View More

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1 Answer | Asked in Cannabis & Marijuana Law, Estate Planning, Elder Law and Probate for Mississippi on
Q: Can a judge deny to grant you conservatorship based off the potential conservator having a medical marijuana card?
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

A judge has the discretion to consider various factors when deciding whether to grant conservatorship, including the potential conservator's circumstances and qualifications. While having a medical marijuana card may be a factor that the judge takes into account, it does not automatically... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Mississippi on
Q: Do I need to probate my mom's will? I am her only heir, all of her bills are paid & she had no assets in her name.

She had 2 life insurance policies naming me as the only beneficiary. She also had joint checking account with me. I have received 3 checks since her death made out to her estate (the checks were for reimbursement of some insurance premiums). Bank says I need to open an estate account & deposit... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 29, 2022

No, you can complete a small estate affidavit and present that to the bank.

1 Answer | Asked in Consumer Law, Civil Litigation and Elder Law for Mississippi on
Q: Hello. What type of attorney would be best suited to handle cases for neglected/unfinished repair services over $4000?

The hired contractor was paid in full prior to the completion of his services. Unfortunately, the contractor did not complete the repair services. In the process of his services, he performed a makeshift repair that ultimately failed. Several attempts were made to reach the contractor thereafter... View More

Arthur Calderon
Arthur Calderon
answered on Feb 26, 2022

From the looks of it, you have a civil suit against the contractor under several theories, with the obvious one being breach of contract. The main thing that you need to worry about is the statute of limitations, because, depending on some of the details, that statute could run (meaning that you... View More

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Mississippi on
Q: What do I need to do when someone signed my name on a waiver?

My dad is in a nursing home and he has no idea what his wife has been doing with his affairs. She petioned conservatorship over him and I strongly believe she is the one who forged my name to document waive of jonder(?) I know I didn't sign anything cause she told no one what she was doing.she... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 18, 2022

You should file an objection to the waiver, which can be something as simple as stating that you did not sign the waiver filed with the court and that you object to the conservatorship. You should also contact the attorney representing your stepmother and appear at the time and place set for... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Elder Law for Mississippi on
Q: What type of lawyer specialty would held a client who had a 'Visiting Angles' caregiver steal from them?

Incident occured in Hattisburg, MS.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 17, 2021

Any Mississippi lawyer can help you with this issue; however, if you are alleging that someone stole from you or a family member, the thing to do would be to contact law enforcement to file a complaint with them so that an investigation and arrest can be completed. If you are looking to recoup the... View More

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Mississippi on
Q: Possession of Stolen Firearm.

My mother’s court appointed Guardian is refusing to allow me into mother’s house in Corinth in order to retrieve my rifle I left there by mistake. She claims it’s her (guardians) house and if I attempt to retrieve my rifle she’ll have me charged with criminal trespass. Can my weapon be... View More

Gary Kollin
Gary Kollin
answered on Sep 14, 2018

File for a writ of replevin

1 Answer | Asked in Elder Law for Mississippi on
Q: Can my husband get power of attorney to handle his mother's affairs?She has advanced Alzheimer's disease.

She is incapable of appointing anyone herself,can't sign papers or handle her affairs.

Arthur Calderon
Arthur Calderon
answered on Jun 18, 2018

It sounds like the best option may be for him to get a conservatorship over her, so that he can manage all of her affairs. A conservatorship is similar to a guardianship, except that it is used for adults who are unable to manage theirs affairs, whether because of advance age, medical diagnosis,... View More

1 Answer | Asked in Elder Law for Mississippi on
Q: My brother is executor of my mother's will. She is still living in her home with round-the-clock care and is 94.

He has locked the information away (all copies of her will)and taken away the combination too her safe. She is also being told that her money is running out and I am not sure this is factual. I am concerned by the secrecy.

Richard Winblad
Richard Winblad
answered on Mar 28, 2018

Your mother can write a new Will.

If you fear financial abuse you may seek a Guardianship. See an attorney in your area.

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on
Q: We wanted to leave our land and store to our grand-daughter, under the condition that it's not sold.

How do we go about leaving the land and the structures on it to our deceased son's daughter in our will (and makes sure our grand-daughter is going to keep it) over our daughter with this condition in place? Our daughter will attempt to take it from her and then sell the land as soon as we... View More

Randall R. Saxton
Randall R. Saxton
answered on Mar 8, 2018

Yes, you can set up a trust to transfer the assets into with your desired stipulations.

1 Answer | Asked in Elder Law, Nursing Home Abuse and Health Care Law for Mississippi on
Q: Is it right to have 2 Cnas on the floor of a nursing home of 57 residents
Arthur Calderon
Arthur Calderon
answered on Feb 21, 2018

That’s a tricky question, as it goes to what the standard of duty as it relates to nursing homes and maintaining the safety of its residents. Assuming that there is an allegation of abuse, neglect, or injury, a lawyer would need additional information about the resident, the injury, and the... View More

1 Answer | Asked in Elder Law for Mississippi on
Q: Is a house sold to an LLC months before death free from medicaid or medical bills?

This is in MS

Inna Fershteyn
Inna Fershteyn
answered on Aug 3, 2017

It depends if this transfer can be deemed as"fraudulent conveyance". Usually anything done to avoid paying creditors especially less than 6 months before would be questioned.


Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

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