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Mississippi Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Mississippi on
Q: a piece of property is left in the estate of a parent that is now deceased and split between the wife and 4 children.

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?

Anthony M. Avery
Anthony M. Avery 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 »

1 Answer | Asked in Probate for Mississippi on
Q: My mom received a stimulus check for her small business that was in her name and passed away shortly after

The business was hers for over 50 years and in her name. Does her second husband get the money or does it have to be divided with heirs or even returned?

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

The stimulus check is now an asset of your mother's probate estate. It does not have to be returned. The answer to the question of who gets that money depends on a lot of factors such as whether or not your mother had a will and, if she did have a will, what she said in it about the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Mississippi on
Q: How can I legally purchase property that I have maintained for over 10 years?

The property is heir property and the owner would sell it, but believes all heirs would need to be involved(3 total). The owner has been the only heir involved at all with this property and has paid the taxes on it for at least 11 years. This piece of property joins to mine and I’ve maintained... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

Hire a competent attorney to first conduct a title search. Then he needs to determine heirship and record it with an Affidavit of Heirship. Finally get a Deed executed by all Heirs At Law over to you. They may demand some monetary consideration.

1 Answer | Asked in Probate for Mississippi on
Q: Can I probate A will using muniment of title without A lawyer in Mississippi? Small estate less than 25 K

Her will stated that the 1 acre of land be put in my name to sell it and distribute the money to the 5 siblings. No other property , no bank account , no insurance , just the land.

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2020

Probate will not help at all, unless there is a surviving spouse. In fact it may draw creditors that you do not know about. File an Affidavit Of Heirship which shows the six siblings' source of title as heirs. Then all of you can sell it or deed it to one owner.

1 Answer | Asked in Divorce, Estate Planning and Probate for Mississippi on
Q: My ex husband died and the title to his truck is still in my name. Do I have rights?

Ex husband died. Truck title in (his name OR my name). He did not change over the truck title. We divorced 5 yrs ago and he remarried 2 years ago. We have a 20 year old son. Is the truck mine or is my son 50% heir to the truck along with the new spouse? We did have PSA that stated he was given... Read more »

Randall R. Saxton
Randall R. Saxton answered on Apr 21, 2020

Although a divorce decree can reassign the ownership of a vehicle, the decree does not invalidate the title. At a bare minimum, his one half interest in the vehicle is a probate asset. You should schedule a consultation with a local probate attorney.

1 Answer | Asked in Consumer Law and Probate for Mississippi on
Q: If my husband dies while paying a secured loan, am I responsible for that loan. Can they take the collateral from me?

My husband made a loan and used a lot of our household stuff.Can they take that from me or make me pay his debt? We live in Mississippi which is not a community property state.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

If you stop making the payments, they can take the collateral for the loan. This is true whether or not they make a claim as a creditor in probate.

1 Answer | Asked in Estate Planning, Family Law, Probate and Social Security for Mississippi on
Q: I have a step sister who has my father's power of attorney and he has passed away. She is saying she is also incharge of

his estate. I have never seen his will or anything. She claims he has a lot of debt. She is wanting my social security # because she cashed his check for December the month he died. She states she needs that so they can take the funds out of the estate. Thank You Annette

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

The only way that she can legitimately be put in charge of the estate is if she already filed the paperwork with a chancery court and the court appointed her as the executrix over your father's estate.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My brother in law signed an affidavit that my husband had no wife to get my husband bank account and 401k.what can I do

My husband was retired military and we where having problems but was never divorced.

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

That is fraud and theft and other things. Hire an attorney to pursue the claim against your brother in law.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: How much would it cost and how long does it take to probate a will and to make a new will.
Nina Whitehurst
Nina Whitehurst answered on Sep 25, 2019

There is no standard, fixed price for probate and there is no standard, fixed price for creating a will. Every case is different. Some are relatively simple. Some are relatively complex. Your best bet is to make an appointment for a personal consultation with a local estate planning attorney... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: What rights does estranged husband have after wife's death

Mother in law passed away 7_23_19

She found out in June 18 she had cancer

Her husband left her for someone else

They were not divorced at the time of her death. Her son ( my Husband) took care of her after her husband abandoned her

What should my Husband do?... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 6, 2019

Take your mother-in-law’s will and a copy of the deed to the house to a Mississippi probate attorney. If there was no will, just let the attorney know. A lot depends on whether there was a will, how it was written, and how title to the house was held, so no answer can be provided in this forum

1 Answer | Asked in Criminal Law and Probate for Mississippi on
Q: I am on parol in Mississippi I broke my least and landlord said I owe $5600 is this effect anything
Marshall J Goff
Marshall J Goff answered on Jul 21, 2019

Only way I could see this affecting your parole is if you broke your lease and moved without letting your Parole Officer know of your new address. I would consult a Mississippi attorney to attempt to further delve into the situation.

1 Answer | Asked in Probate for Mississippi on
Q: Mother and father both passed need deeded to me. They no debts and property worth $25,000.only surviving child

No other surving family. Need to have deed changed to my name. Do I need to go thru probate or is there a form that can be filed with a judge?

Arthur Calderon
Arthur Calderon answered on Jul 5, 2019

You will need to have an attorney set up an estate on behalf of your parents, and then they can generate the necessary deed giving the property to you.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: Do I need an attorney to get a affidavit of trust for closing a bank account for my deceased parent?

The bank requested this because my parent residence

was in the state of MS at time of death affidavit less than $50,000

Arthur Calderon
Arthur Calderon answered on Dec 1, 2018

You will need to have the executor of the estate contact the bank and show them his/her credentials in order for the bank to even allow access the account. Typically, the credentials that the bank will look for will include an order opening the estate for the deceased parent, as well as an order... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: If a offender has been in jail waiting to go to a tvc facility on a 3,month sentence are they other options
Ben F Meek III
Ben F Meek III answered on Sep 25, 2018

I'm re-classifying this question as criminal law, so perhaps attorneys with expertise in this area may answer your question.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Mississippi on
Q: If my boss also my landlord of 8 years dies and I can't find my rental agreement lease can the deceased heir evict me?

I worked and rented from the deceased 8 years. I was allowed to stay in the rental house in exchange for work or $300. It varied. I was told I could stay as long as I would like. Well, after he died, the son turns my water off without my knowledge. It was in deceased name, but it was furnished.... Read more »

Baskin Lowber Jones
Baskin Lowber Jones answered on May 7, 2018

You can ask them to show you a copy of the lease.

Many leases have a provision that allows termination after some period of time (often a year) and with some amount of notice (often 30 days). Your lease could have been written differently, you could pay the monthly rent and/or show the...
Read more »

1 Answer | Asked in Probate for Mississippi on
Q: Will I still be included as an heir at law if I did not attend hearing or respond by specified date?

My brother died in October of 2017. He had no wife or kids. My sister died in December of 2017. It is my understanding that my sister's son, daughter, and I are his only heirs. He did not leave a will and my niece is administrator of the estate. I was sent a document called a petition to... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 27, 2018

You may need to consult an attorney to review your case. If you were named as an heir in the petition, there is a fairly good chance that you were determined to be an heir during the heirship hearing. Assuming that you were designated as an heir, then you may be entitled to a share of your... Read more »

1 Answer | Asked in Land Use & Zoning, Probate and Real Estate Law for Mississippi on
Q: She died without a will and I have been living in the land all my life.

If I don't pay the taxes, can I then get the land like that?

Baskin Lowber Jones
Baskin Lowber Jones answered on Mar 23, 2018

Likely not. Contact a local family law attorney to discuss your options, and how the property could/should be handled in an estate.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Mississippi on
Q: I know for sure there are other heirs been this is my great grandma land. Will it be possible to still get it in my name

I have live on the land my whole life and have been paying the taxes.

Arthur Calderon
Arthur Calderon answered on Mar 21, 2018

Possibly, depending on whether there is a will or your great-grandmother died intestate (without a will). You will likely need to consult an attorney to determine whether ---and to what extend--- you may have an ownership interest in the property.

1 Answer | Asked in Real Estate Law, Divorce and Probate for Mississippi on
Q: How do I get my name off home loan. We devorced he passed away and his son has house.
Arthur Calderon
Arthur Calderon answered on Mar 4, 2018

You likely need to consult an attorney on this one, so that they can get some additional information. The first question that I have is whether the divorce decree stated who got the house, and who was responsible for the mortgage on the property. That naturally leads into the second question, which... Read more »

1 Answer | Asked in Probate and Estate Planning for Mississippi on
Q: person passed put beneficiary not family, could we dispute the results if the decease had mental and depression issues..
Arthur Calderon
Arthur Calderon answered on Feb 16, 2018

You're question is unclear. You would likely need to consult with an attorney to explain the situation to them so that they can advise you accordingly.

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