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Mississippi Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mother died August 2017, she had a house in MS that she left to 4 daughters. In September 2019 my niece moved into

The house without permission from 2 of the heirs, and threw out personal belongings in the yard & kept my personal belongings she wanted. The house is still in my mother's name. How do I get my inheritance as being an heir

Anthony M. Avery
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Anthony M. Avery
answered on Mar 15, 2022

You should probably hire a competent MS attorney to file an action for Partition.

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Mississippi on
Q: Will the irs take away my family houses and cars after my dad passes? He owed back tax everything is only in his name.

Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.

He is in hospice and not mentally able to do anything like sign anything over or make a will.

I want to get the... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 20, 2022

In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: Had uncle who died. My father and my uncle are heirs. Land loan is on the property that is currently being paid.

Yet the county won't let me get tags without proof of residency and everything is still in my deceased uncle's name. Please help

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 20, 2022

The deed to the land cannot be changed without court intervention. It should be probated so that the deed can be changed to the names of your father and uncle. That, however, won’t solve your problem since you are not an heir to the land. You have to establish residency in the county yourself,... Read more »

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if people are living on land I purchased from the state?

I received my patent for tax forfeited lands. I went to visit the property and was told by neighbors. People who were living there appeared a year ago with paperwork saying they owned the land. There is little information on what to do next. I was told by sec of state office, my patent is the only... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jan 9, 2022

From the looks of it, you may need to consider getting law enforcement involved to effectively escort the people off of the land. Assuming that they have no legal interest in the property, then they are trespassing.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Husband and wife leased house which is not finished. Getting divorced What happens to current lease?

Acquired house during marriage. Leased it out to a gentleman, and the valid lease agreement does not expire until September. Will divorce nullify the lease to this gentleman to allow sale of house?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 27, 2021

The divorce between the couple has no effect on the lease. That is a separate issue altogether. The best thing to do is to contact the party who signed the lease and ask what their intentions are regarding the house or you can wait and see if someone will remain in the house. You can then make your... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Hello. I'm Scott . Would really appreciate your advice on rent to own homes.

Bought our first home . Paid down on it been paying notes for 5 years. Come home one day and a piece of the land has been sold

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 21, 2021

If you did not get a Deed to land, then you did not own it. Rent to Own is a Lease with Option to Purchase, which may never happen or have to be sued upon to enforce. You may have a Breach of Contract Action against the Seller, so contact a competent MS attorney. But the seller may evict you... Read more »

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
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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 »

2 Answers | Asked in Banking and Real Estate Law for Mississippi on
Q: The bank that services my mortgage has denied me a copy of the contract. What can I do?

Truth in lending

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 30, 2021

You may be looking for something else. But the important instruments are the Mortgage which is recorded at the Courthouse. The Note is secured by the Mortgage, and there should be some Note terms in the Mortgage. The loan servicer is not the lender, and probably owes you nothing as you are... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Child Support for Mississippi on
Q: Parents willed a house to me but there's no deed or survey for it.

I am finding out that it will never be in my name. Do I have any recourse?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 29, 2021

There is no recourse for you against anyone. But your Parents probably took the property as heirs at law under intestate succession. You may want to hire a competent attorney to search the title and determine heirship. Then you record an Affidavit of Heirship in the County Records. That will... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Mississippi on
Q: In biz when policy/procedures (rules/regs) are written, "reasonable" must be defined or examples given. Why not here?

I can't see if this question is linked to the topic I was researching. It concerned cemetery law. 2013 Mississippi Code, Title 41 - PUBLIC HEALTH, Chapter 43 - CEMETERIES AND BURIAL GROUNDS, CEMETERY LAW

§ 41-43-47 - Cemetery rules and regulations

Randall R. Saxton
PREMIUM
Randall R. Saxton
answered on Apr 28, 2021

In law, reasonableness is subjective and dependent upon the particular circumstances and people involved, so cannot be broadly defined.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: My mother is leaving me her house after she passes. The warranty deed right now shows her as the grantee and me as the

grantor. Is that not backwards?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
answered on Apr 21, 2021

Sounds like she was the grantee when she bought the house. A new deed from her to you would have her as the grantor. Does she have a will, stating her intentions?

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I live on in a subdivision, called Hearns Circle, in which make a circle drive, the new land owner, opened a restaurant

I ask them not to block my drive, and the next day there is a chain across my drive, I lived here 25 yrs.... As well I had a drive put in off the main highway can they legally block that part of the drive

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 5, 2021

Hire a competent attorney to search both titles. There may be an express Easement of record, or you should have an Easement By Prescription. In the latter case, you will have to file suit to have the Easement declared in force.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Brother in law passed in 2016 with deed in his name only. Other vacant property both names.Sister died 2021 . I'm nok

No children together he has several illegitimate children. What happens now? Do not want probate

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 8, 2021

You may or may not be an heir of your Sister. Hire an attorney to conduct title searches, then determine heirship. Then have a knowledgeable Affiant make an Affidavit or Heirship, which is to be recorded. Keep in mind the other heirs may not wish to convey their interests over to you. An... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: Before passing, my father transferred his property with a warranty deed to the man who lived in his home with him. This

man has also passed leaving a wife. Her name is not on the warranty deed but she has agreed to sign property over to me. How can this be done easily? Also there is a lien in my father's name against property.

Steven J. Fromm
Steven J. Fromm
answered on Nov 17, 2020

Well it can be done but probably not easily. The wife is actually making a gift to you since it is her property to deal with as she wishes. A deed would transfer the property back to you and there would have to be a release of the lien. You should get with a real estate attorney who can... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: If one heir decides to sell a piece of heir property without Consent from other heirs Will he/she need permission.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 22, 2020

That heir will need to file a Partition Action for the Court to sell the property, then distribute the net proceeds to the heirs/tenants in common. He could sell his individual share but most purchasers would pay very little for it.

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
PREMIUM
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 Real Estate Law for Mississippi on
Q: I purchased one acre of land in 2006. I recently found out by receiving a monthly garbage bill that their is a house

my land. Do I have any rights to the home on my property? The land was purchased in Sturgis, Ms.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 5, 2020

If you own the real property, you also own any improvements on it. If it is a mobile home with wheels, it is not a fixture. Hire someone to check the property out, such as an attorney. An eviction may be in order, and you need to examine the property tax card on this parcel.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: House built years ago not on our property

Parents owns several hundred acres .we built house and sheds on it . 25 years they draw up land lines to show who gets what. turns out the corner of house and shed are on sisters part . Parents won’t change it. What rights do we have

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 7, 2020

If the Parents have not executed Deeds then you still own nothing. Once you have a Deed then you need to get a Boundary Line Agreement (to be recorded) with your Sister. There will be a cloud on both of your Titles, so it will inure to both Parties benefits to establish the Boundary of record.... 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
PREMIUM
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 Land Use & Zoning and Real Estate Law for Mississippi on
Q: I own the land, but a house was already there when I purchased the land. Who owns the house?

I purchased a property in the land tax sale. I have paid all the taxes up and have my deed. There is a house on the property that was not assessed during the land sale. The people who live there have a deed for the vacant lot next to mine, but the house they live in is on the land that I purchased.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 24, 2020

Probably not. They probably own both tracts by adverse possession under color of title. You should have performed a title search prior to purchase. And tax sales are notorious for sometimes conveying nothing, as there are no real covenants of title. With tax sales, you always need a competent... Read more »

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