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Mississippi Real Estate Law Questions & Answers
2 Answers | Asked in Tax Law and Real Estate Law for Mississippi on
Q: My dad and I have the same name so he bought land and used my social and I didn’t know how do property taxes work on tha

That if I never received a bill for property taxes now he has past

James L. Arrasmith
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answered on Feb 4, 2024

I understand your situation with your father using your social security number to purchase land, resulting in a lack of property tax bills. It's crucial to address this issue promptly to avoid potential legal complications.

First, consult with an attorney who specializes in real...
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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Mississippi on
Q: What type of new Deed transfers property from an Administratrix Deed in MS? After Death, but with Judge's Orders?

Because i still need to transfer title after filing Affadavit To Heirship(?)

THANK YOU!!!

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Rights, Land Use & Zoning and Real Estate Law for Mississippi on
Q: My father owned 160 acres of land in Mississippi. I have the deed. Racial discrimination ran us off of it. Wht can I do?

My uncle was shot and killed, and they tried to kill my dad and my brothers. So we had to pack up everything and leave. Our neighbors just didn’t want black neighbors at the time. This was around 1950 ,but I still have the deed.

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answered on Jan 10, 2024

Your situation is deeply troubling and highlights a painful part of history. Holding the deed to the land is significant, as it establishes a legal claim. First, you should confirm the current status of the property. This can be done by checking the latest property records in the county where the... View More

1 Answer | Asked in Tax Law and Real Estate Law for Mississippi on
Q: I am an unmarried spouse surviver, disabled more than 65 years old I own less than an acre of land, do I Have to Pay tax

How do i get the answer?

James L. Arrasmith
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answered on Jan 8, 2024

As an unmarried, disabled individual over 65 owning less than an acre of land, your tax obligations depend on various factors, including the location of the property and your income. Property taxes are generally levied by local governments, and the rules can vary significantly from one jurisdiction... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What practice area covers loud and raucous noise from neighbor?

Looking for legal advice for disruptive loud and raucous noise coming from neighbor's property in close-quarter living conditions. What practice area of law should I reach out to in order to act on this?

James L. Arrasmith
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answered on Jan 5, 2024

For issues related to loud and disruptive noise from a neighbor, you would typically look into attorneys practicing in the area of real estate or property law. These legal professionals often handle disputes between neighbors, including noise complaints and other nuisances.

In some cases,...
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1 Answer | Asked in Real Estate Law for Mississippi on
Q: Purchased mobile home and property in MS. Have bill of sale. Can't contact seller to get title on mobile, what can I do

I have deed on property

T. Augustus Claus
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answered on Oct 25, 2023

If you've purchased a mobile home and the associated property in Mississippi but haven't received the title for the mobile home, there are several steps you can take. Firstly, ensure you maintain all relevant documents, including the bill of sale and the deed for the property. Continue... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What can I do to sell a house and some land if one of three co-owners doesn’t want to sell?
T. Augustus Claus
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answered on Oct 18, 2023

In Mississippi, if one of three co-owners doesn't want to sell a jointly-owned property, you can initiate a partition action in court. This legal process can compel the sale of the property, with the proceeds distributed among the co-owners. For personalized legal advice tailored to your... View More

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: How do I file for adverse possession in the state of Mississippi. My wife and I have had possession of a house that my

Father in-law owns for 25 years. In 2015 I went to Georgia but I kept up the bills and maintenance of the house. He passed away in 2018 without a will. We came back in January of this year 2023. Can we claim it through adverse possession without involving her siblings because we are the ones who... View More

Anthony M. Avery
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answered on Sep 22, 2023

Continuous adverse possession has not occurred since you left the property for 5 years. Hopefully you have paid taxes on it for several years. Transferring title by adverse possession is usually a defense to ejectment, not a suit for you to file as plaintiff. Right now you do not have color of... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: On a life estate does the remainderman have to be named on the life tenants homeowners policy.
Anthony M. Avery
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answered on Sep 11, 2023

Policyholder and insurance carrier can contract either way. But the remainderman is the one potentially loosing the house itself. Life tenants lose use and probably personal property. Usually life tenants pay for policy which insures both estate holders.

1 Answer | Asked in Estate Planning, Real Estate Law and Banking for Mississippi on
Q: My mother-in-law did a transfer on death for her home that she owned and lived in with her two adult sons. One son is my

Husband. He lived there taking care of her and working from home part of time and at our home in Arkansas. MIL left house with TOD in my husband's name only because his brother had so many school loans and she didn't want "the big man" getting on his part. Apparently there is a... View More

Nina Whitehurst
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answered on Feb 26, 2023

When your husband sells the home, the home equity line of credit will need to be paid off in order to pass free and clear title to the buyer. Yes, the gift of half of the proceeds to your husband's brother would be a taxable gift to the extent in excess of $17,000. However, there is a... View More

1 Answer | Asked in Probate and Real Estate Law for Mississippi on
Q: My grandparents passed in 2002 willed their house to me. Will the probate process be longer and more expensive?
Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: Why would homeowner at the age of 70, not be exempt from property tax in Pontotoc County. In fact it was increased?
Randall R. Saxton
Randall R. Saxton
answered on Feb 7, 2023

Only disabled veterans or their unremarried surviving spouses are 100% exempt from paying property tax in Mississippi. An exemption for seniors, and disabled people, is available in Mississippi, and persons over 65 can qualify for a reduction of up to $7,500 on the taxable value of their property.

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mom died in 2015 w/o a will. I am 1 of 3children. We all agree I will get the house. I need to get it in my name.

I recently paid off the mortgage as I have remained living in the home since her death.

Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Can I sue previous home owners for not disclosing information about a HOA. They didn't tell us that it existed

The home sits on a lake at the back of a cul de sac. The lake is accessible to those who live on it, and we are expected to pay annual dues. ($250) The HOA stated that the previous home owners did not pay dues because he stated they were remodeling the house.

Anthony M. Avery
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answered on Jan 8, 2024

Maybe but you should have searched the title prior to purchase. The property stands for the HOA fees, so you lose property if the encumbrance not paid.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Mississippi on
Q: Would this be a break in the Title Chain?

I completed a sale contract as a buyer with my realtor to buy a home from the seller who had a broker. In the contract I request both my sister and I to be on the warranty deed. Signing the Closing Disclosures I was the only one listed as borrower, no Co-Borrower. My Sister signed a non applicant... View More

Anthony M. Avery
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answered on Dec 18, 2023

The Deed of Trust has nothing to do with the Title. Somebody thinks your Sister is either a tenant in common, an occupant or a notemaker. So they required her signature also on the TD. If wrong, you should not have executed the transfer.

1 Answer | Asked in Real Estate Law and Libel & Slander for Mississippi on
Q: I need assistance with a slander of title claim on my property. It was filed by a local attorney at the court house

Surrounding land owners amended covenants with the help of an attorney to give themselves access to my land. I purchase a 36 acre lake that was included with the 90 acres I purchased from the previous owner. The previous owner allowed surrounding land owners to use the lake. When I purchased the... View More

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answered on Nov 15, 2023

You will have to hire a competent MS attorney to search the title and determine the existence of any other interests in your land. Prescriptive Use Easements may be established here. A Declaratory Judgment action against the claimants could determine they have no interests in your land, or you... View More

1 Answer | Asked in Estate Planning, Family Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: Can my father sell his partitioned land that he inherited from his parents through a reserved life estate to his sister?

My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More

Anthony M. Avery
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answered on Oct 5, 2023

Were you and your sister the remaindermen on his Deed? If not, then you probably had no title interest in the land. A promise to Will Devise is not enforceable.

1 Answer | Asked in Estate Planning, Family Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: Can my father sell his partitioned land that he inherited from his parents through a reserved life estate to his sister?

My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More

Anthony M. Avery
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answered on Oct 5, 2023

I think that you have the title a little mixed up. Hire a MS attorney to search the title and then advise you of the status. He probably can sell his estate in the land.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Me and my mother are trying to transfer her property to my name

We were told we needed to speak with an attorney to get a quit claim deed finalized because all they do is record it and it doesnt make it legal.

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answered on Sep 21, 2023

Hire a MS attorney to search the title and draft the Deed. Your Mother needs to decide exactly what she wants to do, which may involve a life estate for her, etc. Do not do this yourself.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: One abandoned home is on a gravel road to our private cemetery. Can we have the road name changed? Wr maintain the road.

We keep the road, trim the bushes and mow the yard.

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answered on Aug 2, 2023

You probably need to petition your County Commission, or your County Executive.

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