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I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More 
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answered on Mar 5, 2025
If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... View More
I am dealing with an estate dispute in Mississippi. An heir is trying to dispute the estate, which has not been legally closed, even after 30 years. There is a new claim being made, but there was never a will or trust involved. Can an heir pursue a dispute after such a long period?
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answered on Feb 28, 2025
Setting aside an order of Probate Court is not going to be successful this late. However heirs are tenants
in common of undivided interests in real property now. Any heir can file quiet title, ejectment, partition, actions etc. now. Hire a competent MS attorney to search the title and... View More
My father in law was the executor of his late Father's estate. He failed to finish out the probate, but there was a substantial amount of money left in a saving's account. How does he access this money to actually do what the will asked him to do?
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answered on Jan 10, 2025
Next of Kin of deceased Father need to either file for probate administration without a will, or try to use a recorded Affidavit of Heirship to try to convince Bank to let go of funds. Otherwise the Bank keeps the money and you will never be able to claim Unclaimed Property from State. If you... View More
Because i still need to transfer title after filing Affadavit To Heirship(?)
THANK YOU!!!
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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
My husband's father left him 2 out of 10 acres, and the rest was left to his mom. The 2 acres are clearly defined and legally separated. However, my husband currently doesn't have documentation of ownership but can obtain a copy. Can his mom sell his 2 acres? This situation is in Mississippi.
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answered on Apr 20, 2025
How was the 2 acres conveyed to Husband? If not by deed or probated will, then it was not left to him. Hire a MS attorney to search the title and determine ownership. MIL may own it.
I am the executor of an estate currently in probate and residing in the estate as outlined in the will. There are disputes among the heirs, as they now wish to buy me out and take ownership of the house and land. I wish to continue living in the estate and get my share of the land. How should I... View More
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answered on Apr 12, 2025
It sounds like you’re in a challenging situation, especially with the disagreement among the heirs. As the executor, you have the responsibility to manage the estate according to the will, but that doesn’t automatically grant you the right to stay in the estate if the heirs wish to sell or buy... View More
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answered on Feb 28, 2025
Hire a MS attorney to sue the occupants for possession if you are the titled owner.
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answered on Jan 8, 2024
If probate is closed, then hire a MS attorney to determine heirship and record an Affidavit of Heirship as the heirs source of title. Remember someone has to pay taxes, insurance and any mortgage notes.
She has not probate the will .me and my dad was really close .and for him to cut me out of his will puts red flags up since stepmom has not probated the will.how can I get a copy of will or what is my rights
answered on Sep 24, 2023
You can file an application to probate your father’s estate intestate and ask to be appointed independent administrator of his estate.
If stepmom has a will that leaves everything to her, she will oppose your application and will have to tender the will to the probate court and ask that... View More
I told them their was storeag bill and they went and reported the car stolen and told law were it was and that i stole it
answered on Jul 26, 2023
If you had an agreement with the person who towed the car to your house to pay you a storage fee, you have the right to collect that fee from the deceased person's estate if the estate had enough money to pay that claim. You must present your claim with written evidence of the storage... View More
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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
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
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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
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answered on Feb 20, 2023
Probate is probably not an option after 21 years. If you are not an Heir, or there is an adverse occupant, then you may not own any interest at all. Hire a MS attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will give you a source of title.
I recently paid off the mortgage as I have remained living in the home since her death.
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answered on Feb 1, 2023
Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.
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
answered on Nov 29, 2022
No, you can complete a small estate affidavit and present that to the bank.
Her will wanted her bills paid and i plan to do that from annuity money left to me. I also want her medical records. Her asst living facility wont cooperate. Do i need to probate to get a letter of testimentary for this reason and do i really need a lawyer in court when theres nothing to probate?... View More
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answered on Nov 10, 2022
So called "POA" lost his authority when the principal died, so no POA exists. It does not sound like Probate is needed. Annuity almost certainly passed outside of Estate to designated beneficiary. Decedent's bills are not yours. It sounds like it is over already.
Are you... View More
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.
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... View More
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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... View More
My son was adopted by my parents at an early age. My father believed my son conned him out of his estate shortly after my mother passed. I have an audio recording of my father telling my son this and that he wanted it changed back into his name. My father also stated that my sister and I have just... View More
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answered on May 26, 2022
Hire a competent MS attorney today. More than likely the SOL for an Eviction proceeding is blown, and you are still in possession. The owner/plaintiff will probably have to file an Ejectment suit which is expensive and difficult.
answered on May 5, 2022
Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.
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