Lawyers, Answer Questions  & Get Points Log In
Mississippi Probate Questions & Answers
1 Answer | Asked in Probate for Mississippi on
Q: I need to find information about heir property in Mississippi. Who should I talk to?

The property was owned by my grandparents, they are deceased and their children are deceased. Thirteen grand children are living. How can I find out who's name the property is in? Two of the grand children have information about the property and will not share the information with the others.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2021

Call a MS attorney in the County where the property lies. Hire him to search the title and then see who is presently receiving the tax notices. If it looks profitable, the lawyer will need to determine Heirship, and then record an Affidavit of Heirship. A Partition Action may be necessary.

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: Can I be named sole owner of my grandmother's property? She died 11 years ago and had a will.

At the time of my grandmother's death she still owed a mortgage on her house. I paid off mortgage and have paid all taxes and upkeep on property. Her will states house is to be divided between my aunt, her 3 kids and myself. No one has paid anything except me. Her will has not been probated.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 9, 2021

A person's will cannot be changed after the person has passed.

It sounds like you are living in the house and that is why you have paid the mortgage, taxes and upkeep. When one co-owner pays carrying costs, normally that co-owner is entitled to reimbursement from the other co-owners...
Read more »

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My father wrote a will leaving everything to 1 of his 4 children, omitting the names of 3 children from his will. Legal?

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.

Randall R. Saxton
Randall R. Saxton answered on Jul 4, 2021

There is not a requirement to name all children.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: Do I any right as a niece with my aunt that don’t have any children and have never been married

All her siblings are deceased

Julie King
Julie King 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 »

1 Answer | Asked in Probate for Mississippi on
Q: My husband did not include me in his will. Am I correct in believing that the court will deem the will - renounced ?
Nina Whitehurst
Nina Whitehurst answered on Jun 1, 2021

You as the surviving spouse have a limited period of time to elect against the will after your spouse dies. It is not done for you automatically. If you are in this situation you should hire a probate attorney to help you immediately. The most you can receive by electing against the will is half of... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: When a parent dies in probate do the adult children names have to be on deed to house to sell it?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

Your question makes no sense. More than likely the heirs at law of the deceased parent are the owners of the house. You will need a competent attorney to search the title, draft an Affidavit of Heirship, and draft a Deed to the buyer.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My husband just died today of a overdose and he had a car would I get the car and how would I do that
Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Estate Planning, Banking and Probate for Mississippi on
Q: Can stepson take entire savings in mine and now deceased husbands bank account

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 »

Nina Whitehurst
Nina Whitehurst 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 »

1 Answer | Asked in Estate Planning, Intellectual Property, Probate and Real Estate Law for Mississippi on
Q: If A will hasn’t been probated can the estate / property be sold
Anthony M. Avery
Anthony M. Avery 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 »

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.

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.