Get free answers to your Estate Planning legal questions from lawyers in your area.
I'm currently married, but I want to appoint another person to have legal authority over my personal care and any other matters I choose, both now and in the future. I do not want my spouse to have any legal say in my personal affairs. The appointed person agrees to take on these... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025
In Mississippi, you can appoint someone other than your spouse to handle your financial and healthcare decisions by executing a Durable Power of Attorney (DPOA) for finances and an Advance Health-Care Directive for medical decisions. These legally binding documents override a spouse’s default... View More
The life estate was in my name and brothers name . However upon looking at the Will it states “ I hereby give ,devise and bequeath all property of every kind ,character and description owned by me at the time of my death and wheresover situated unto my son , “my name “
My question is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024
If you were already deeded the life estate (and the remainder went to someone else) in a recorded deed, then the later probated will has no effect on real property the decedent did not own at death. Hire a MS attorney to search the title and determine ownership.
Because i still need to transfer title after filing Affadavit To Heirship(?)
THANK YOU!!!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024
To transfer property in Mississippi from an Administratrix Deed after someone's death with the judge's orders, you typically need to use a Quitclaim Deed or a Warranty Deed, depending on the circumstances.
First, ensure that you've filed the Affidavit of Heirship as required... View More
I have been married for twenty years and am concerned about protecting my 401(k) retirement payments from my ex-wife. I held the job with the 401(k) before we got married, and she has not contributed to it. There have been no court proceedings specifically addressing my retirement. How can I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
It's completely understandable to want clarity and protection when it comes to your retirement after such a long marriage. In Mississippi, any part of your 401(k) that was earned or accrued during the marriage is typically considered marital property, even if your spouse didn’t directly... View More
Mother added 3 kids and husband to the deed but only 1 child and husband pay taxes, and parties are making it hard to sale because one is on drugs and other Schizophrenic
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025
File an action for a Sale For Partition.
So it didn't show up on the deed but then he tried to sell my home like he was the owner and he couldn't get a clean title for it but he bought title insurance and now they're going to pay him back like he's the real owner but I'm the real owner and now he's he's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024
Loans rarely show up on a deed except for an old style vendor's lien. Hire a MS or TN attorney to search the title and determine ownership of the property. You may have to file a quiet title action or at least a detainer. Consult with an attorney about the apparent thefts but realize you... View More
What paper work I need and I done work on the truck so I need to get the title for it and the person will not answer the phone are give a call back
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2024
In Mississippi, you can potentially claim ownership of an abandoned vehicle through the mechanic's lien process, which is specifically designed for situations where you've performed repairs but haven't been paid.
First, you'll need to complete Form 78-905 (Notice of Sale... View More
Was exhausted,my brother had made no attempt to pay me what so ever.What do I do,and how do I find out where the trust is
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2024
Hire a competent MS attorney to investigate whether you have a fiduciary duty breach cause of action or not. You may have already busted the SOL for conversion. If so, and the facts are clear, possibly a theft charge lies with the District Attorney.
It was a legacy deed but they have been divorced 5+ years and she lives in another state
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024
Hire a competent MS attorney to search the title and determine ownership. You might own an interest as an heir or she may own the fee. If so, you may want to make a cash offer for her to deed the property to you.
How do I become authorized to file on his behalf and how long does the process take?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
Consult with a MS attorney. But there is a good chance the SOL has already run on any cause of action your Father had at death.
I like to know can they make decisions without the other next of kin opinions on it because I’m dealing with that now. Selling and taking possession of everything and the judge just rulings on everything they ask for and we don’t know nothing until I go to the courthouse and ask for copies of... View More
answered on Nov 30, 2023
Generally, the administrator must sell everything in order to generate cash to pay creditors and to divide the assets to distribute equally and fairly between the heirs.
Currently there are 3 siblings, we agree to have the land placed in the youngest name. However, now we need to know how to have the property in all of ours name in case she gets married.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023
Apparently the heirs have not come to an agreement. Hire a MS attorney to search the title, determine heirship, and either draft a deed according to your wishes or sell the property.
My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2023
I think that you have the title a little mixed up. Hire a MS attorney to search the title and then advise you of the status. He probably can sell his estate in the land.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023
Policyholder and insurance carrier can contract either way. But the remainderman is the one potentially loosing the house itself. Life tenants lose use and probably personal property. Usually life tenants pay for policy which insures both estate holders.
Can I earn commission for selling property if I’m a trustee of the will
I am the co executor of my brothers will and have been for 12 years. I earn a monthly income from the trust to take care of everything $833/ mo. A piece of land he owned I advertised and sold. I placed all the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2023
You probably need to move the Court to award you administrative and/or fiduciary fees as the executor. It will require an affidavit of services rendered and a request that the Court order it out of Estate assets. It is not a commission. Hire a MS attorney to do this.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023
Do you have a question? If so, try reposting it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2023
Hire a MS attorney to search the land title and determine ownership as you have not stated the important terms of the Deed. She can probably sell the vehicles.
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
my family is preparing m mother's assets. she is healthy and well now, however we are looking ahead.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
