Grandmother left the house to my uncle through a warranty deed. Uncle passed 6 months after grandmother. Uncle left house to me through a will. Uncle never went and did anything to have the house put in his name other than the warranty deed grandmother did. What do I do now? I am the only one named... Read more »
answered on Apr 13, 2023
If the Will is not filed for Probate then Uncle's Heirs own the property as tenants in common. If you and the niece are the only heirs, then you might get her to deed her interest to you, with a derivation clause describing heirship. Whatever you do, hire a competent MS to search the... Read more »
Husband. He lived there taking care of her and working from home part of time and at our home in Arkansas. MIL left house with TOD in my husband's name only because his brother had so many school loans and she didn't want "the big man" getting on his part. Apparently there is a... Read more »
answered on Feb 26, 2023
When your husband sells the home, the home equity line of credit will need to be paid off in order to pass free and clear title to the buyer. Yes, the gift of half of the proceeds to your husband's brother would be a taxable gift to the extent in excess of $17,000. However, there is a... Read more »
Both of my parents died last year. They maintained an estate trust. There are four children listed with my sister being designated as the executor. Recently she distributed the first disbursement in which she wrote herself and my two brothers checks for $150,000. She gave me property in the... Read more »
answered on Aug 31, 2022
You do not have a right to any type of certain deed conveyance. You can make a motion in the Probate Case, or an action against the Trustee, for a better distribution of Trust Assets, but you will probably lose. Hire a MS attorney to advise you of what to do, but I think you will find that her... Read more »
My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »
answered on Jun 14, 2022
This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... Read more »
my family is preparing m mother's assets. she is healthy and well now, however we are looking ahead.
answered on May 8, 2023
No, and Federal Law targets LE/REM conveyances that are less than 5 years old. Hire a competent MS attorney to explore asset protection. Possibly Mother intends to return or never leave her home.
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... Read more »
answered on Nov 29, 2022
No, you can complete a small estate affidavit and present that to the bank.
Mother died without will in MS. One of 9 heirs was unwilling to compromise on division of land and assets, Heirs hired an attorney but courts appointed a non family administrator. What will the attorney use our money for if there is an administrator.
answered on Oct 24, 2022
Mississippi requires a lawyer to draft and file all of the necessary pleadings with the chancery court.
I have only seen the Will of my son’s late father, who passed in 2021. The will leaves everything to our son. However, his parents took control over his businesses, properties, vehicles, guns, accounts, everything. His father is the executor and has not told me a single thing about what is... Read more »
answered on Apr 27, 2022
You should file a objection with the Court and inform the Court what is going on. There is no reason for the beneficiary to be homeless if there is a house that has been left to him. You can get a copy of the Will from the courthouse. Go to the Chancery Clerk’s office in the county where your ex... Read more »
All family involved, signed the will as requested.
Now, according to my sister (executor), I cannot take possession of the vehicle until one year from the date of the judges signature. I understood it as I could not obtain the title until a year later but I could take the vehicle. What is... Read more »
answered on Apr 21, 2022
The estate must go through probate, which should be 4-6 months, depending on how quick the executor and attorney work. Once the Judge signs the Order closing the probate and transferring the property, you can take possession immediately. If you are a minor or without a driver’s license, the... Read more »
Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.
He is in hospice and not mentally able to do anything like sign anything over or make a will.
I want to get the... Read more »
answered on Feb 20, 2022
In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is... Read more »
Yet the county won't let me get tags without proof of residency and everything is still in my deceased uncle's name. Please help
answered on Jan 20, 2022
The deed to the land cannot be changed without court intervention. It should be probated so that the deed can be changed to the names of your father and uncle. That, however, won’t solve your problem since you are not an heir to the land. You have to establish residency in the county yourself,... Read more »
A non-lawyer told me all four children should be named in the will even if some are not beneficiaries. True in Mississippi? The children are adults.
I am finding out that it will never be in my name. Do I have any recourse?
answered on Jun 29, 2021
There is no recourse for you against anyone. But your Parents probably took the property as heirs at law under intestate succession. You may want to hire a competent attorney to search the title and determine heirship. Then you record an Affidavit of Heirship in the County Records. That will... Read more »
All her siblings are deceased
answered on Jun 14, 2021
If your aunt had a trust or will, then the document will say who inherits her assets. If she had no trust or will, then the probate laws will state who inherits her estate. A lawyer would need to know what state your aunt lived in before a lawyer could tell you what the probate laws of that state... Read more »
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
answered on Apr 28, 2021
In law, reasonableness is subjective and dependent upon the particular circumstances and people involved, so cannot be broadly defined.
grantor. Is that not backwards?
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?
answered on Feb 25, 2021
You would need to change the title. See if your state has a small estate process for situations like yours. Short answer is yes.
We had put my stepson on the account in the event something happened to us he would have access. My husband passed away suddenly and within a matter of days my stepson had taken entire amount and will not speak to me. Is there anything I can do to get my money back since he was on the account. I... Read more »
answered on Feb 14, 2021
This is a classic case of do it yourself estate planning gone wrong. It might be theoretically possible for you to recover the money, but you will have to sue your stepson to get it back, and you will have the burden of proving that the money was yours and not his. You did not say how much money... Read more »
answered on Oct 6, 2020
Most decedents die intestate. As such their heirs-at-law take the real property at death, and the next-of-kin take the personal property. If a Will is not Probated it has no effect. A recorded Affidavit of Heirship should be the source of title for the Decedent's relatives. If a buyer... Read more »
If one of the children passes away before the property is split and they have a lien for medical bills, do they siblings inherit that debt or the children? and Do the children inherit that siblings portion of the property?
answered on Jul 16, 2020
The possible medical care Lien is against the property, not the Heir's At Law. It is not their personal obligation, but could be executed against the land or the Estate of the Decedent who incurred the medical bills. And the children will take by representation of the deceased sibling. You... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
