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Mississippi Probate Questions & Answers
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... 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... 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... 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... 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... 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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