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Mississippi Probate Questions & Answers
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 determine... 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.

1 Answer | Asked in Civil Litigation, Family Law, Probate and Wrongful Death for Mississippi on
Q: In a Mississippi wrongful death case is there a state law to say how the settlement is divided amongst family members?

In a wrongful death lawsuit for my brother, we have agreed on an amount and finished all things required by law. Everything will be completed on our court date in October. When we go to court will the judge or the executor decide upon the division?

Or is there a state law that requires the... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 11, 2018

In Mississippi, certain people may get first priority in terms of a settlement or award, depending on the facts of your case.

1 Answer | Asked in Insurance Defense and Probate for Mississippi on
Q: Is va life ins considered part of estate? And what is the beneficary to do?
Baskin Lowber Jones
Baskin Lowber Jones answered on Feb 3, 2018

The first question to ask is whether there were beneficiaries selected on the life insurance policy. If there were the life insurance proceeds often pass directly to the beneficiaries listed on the policy in the amounts listed.

If there are no surviving beneficiaries, or the form was not...
Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Mississippi on
Q: In the state of Mississippi does a person get ownership of a piece of property that was left to him in a will.

My dad and his wife had a loan together and they put all the properties up to secure the loan. Of those properties 3 of the properties are in my late dad's and wife's name. Which would easily pay the loan off. Would the properties that were left to me have to go up for sale as well? Or can I obtain... Read more »

Randall R. Saxton
Randall R. Saxton answered on Jan 24, 2018

A probate case would have to be opened to transfer the property to you.

1 Answer | Asked in Probate for Mississippi on
Q: My Dad died yrs ago.My Mom died 11-07-17 she had some money and 9 acres and it’s just me and my sister my Mom didn’t

Make a will she wanted me and my sister to half everything would that be the right way?

Baskin Lowber Jones
Baskin Lowber Jones answered on Dec 14, 2017

Given your mother died without a will you will likely want to contact an attorney about setting up an estate. The estate will be able to deal with your mother's assets and move the property interest to the heirs. It sounds like you and your sister would be the heirs at law if your mother was not... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: My husband died he had no will and he has five kids before we were married my name is on the homestead paper and

Not on the deed they are trying to remove me from the home can they do that?

Ben F Meek III
Ben F Meek III answered on Sep 20, 2017

Probably not. If you lived with your husband in the home (that they're trying to remove you from) and he owned it in his own name, you may still have a legally protected homestead interest in the property even if your name is not in the title record. If you still live in the property and haven't... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: Sister named executor of Fathers will. House left to both of us. Can she rent the house before probate happens?

Father died recently. Sister named as executor of his will. House left to the 2 of us in the will. She wants to rent out the house now. Can she do this before the will is taken to a lawyer and probate started?

Kenneth V Zichi
Kenneth V Zichi answered on Mar 20, 2017

Assuming your father has passed and his name alone was on the property, no one can do ANYTHING until probate has begun. You both (but particularly your sister who is the executrix/personal representative) need to consult with an local probate attorney ASAP and BEFORE you do anything with your dad's... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: My brother loaned me money to pay off the mortgage on my apartment. The note is interest free without specified due date

to be repaid when apartment is transferred ( I sell it or die) He died. Can his estate legally force me to repay the loan now as part of the estate and just take it out of my distribution? If not, what do I have to do to stop them?

Ben F Meek III
Ben F Meek III answered on Feb 12, 2017

It's impossible to say without having looked at the note and mortgage. It may be a demand note, payable on demand by the note-holder, which now may be his estate. Or it may be flawed or unenforceable for unknown reasons. Take the note and mortgage and all other documents you think are relevant and... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: My two brothers and I own the family estate together. Our parents were killed in an auto accident 20 years ago.

One of the brothers has not paid any of the taxes, insurance or utilities since 2004. And is living in the home. Does he have legal right to his share. Or can I and my other brother take his share from him?

Robert Jason De Groot
Robert Jason De Groot answered on Sep 10, 2015

This just is not a fast food restaurant where you can get what you want quickly. The whole matter must be reviewed by an attorney in your area. It might be possible to bring a partition action. Or something else might be possible in your state.

1 Answer | Asked in Probate for Mississippi on
Q: Do I need an lawyer for getting my husbands cars,property etc. in Mississippi? He passed away.

He was an alcoholic and his mother and father took advantage of him until he died. He was disabled and had his mother as payee on SSI and never got his check and was unable to conduct business due to issues to his brain from alcohol and liver failure. All things that they had him do without me... Read more »

Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

Being on SSI indicates he had a very small estate. You may be able to obtain the assets in his bank accounts using an affidavit of successor in interest. An attorney can prepare it for you. As to the other property, you may need to open a probate of his estate with the assistance of an attorney.... Read more »

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