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Mississippi Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Mississippi on
Q: Do I need a deed for property obtained through intestate succession? In Mississippi.

My dad passed away w/out a will. We’ve done the succession and estate is closed. We haven’t been named as owner on a deed/title. Attorney working case said there would be no deed. I want to know how I get mine and my siblings names listed on deed.

Anthony M. Avery
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answered on Jul 18, 2023

You might have an attorney determine heirship and record an Affidavit of Heirship as the heirs source of title. Your deceased Father cannot convey to you now.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I am a 72 yr. Old Veteran and the man I bought my home and land fron 11 yrs. Ago is trying to steal land . I need help !

This man has told lies about taxes and has had deed changed without my permission !

Anthony M. Avery
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answered on Jun 1, 2023

Hire a MS attorney to search the title and sue appropriate parties for Quiet Title. A Notice Lis Pendens might need to be issued also. You will not be able to do this yourself.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: How do I know if someone can take my property/house from me ?

I have a deed to the house but my grandparents are saying they will take my house away.

Anthony M. Avery
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answered on May 1, 2023

Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I'm in contract with a cash for houses company to purchase my home. Can they back out now days away from end of contract
Anthony M. Avery
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answered on Apr 19, 2023

Read your Contract for a liquidated damages clause. If earnest money is involved, you may be able to keep it. Suing the would be purchaser for Specific Performance may be an option, but you must be ready to execute the Deed on the closing date at the right location. Consult with a MS attorney... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: In MS. 2 own property:husband&wife. wife dies intestate with 2 children. Can her husband get a loan on prop w/out heirs?

Can he sell or get loan against property without their consent?

Anthony M. Avery
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answered on Apr 10, 2023

Hire a MS attorney to search the Title and determine ownership. Husband may own it individually or as a tenant in common with children. If the latter, then a Court could still allow sale of minors' interests.

1 Answer | Asked in Family Law and Real Estate Law for Mississippi on
Q: My mother passed in 2018 my father is still living on said land that was in both their names. What are my rights

She had no Will.

Anthony M. Avery
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answered on Jan 16, 2023

Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Consumer Law, Foreclosure, Land Use & Zoning and Real Estate Law for Mississippi on
Q: if we are paying a mortgage are we suppose to be listed in public records as the owner?

i was looking at my appraisal documents and it has some other people as owners in public record.

Anthony M. Avery
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answered on Nov 16, 2022

Just because you are paying the Note does not make you a titled owner of land. Hire an attorney to search the Title and determine ownership.

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: We were awareded default judgement of $1,100, have received no payment, tenant was evicted. Can he be charged larceny?

Larceny of lease? The tenant did leave our property, but still no payment or promise of.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 12, 2022

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: How valid is a trustee's deed from the executor of an estate trust? Shouldn't it be a warranty deed instead?

Both of my parents died last year. They maintained an estate trust. There are four children listed with my sister being designated as the executor. Recently she distributed the first disbursement in which she wrote herself and my two brothers checks for $150,000. She gave me property in the... View More

Anthony M. Avery
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answered on Aug 31, 2022

You do not have a right to any type of certain deed conveyance. You can make a motion in the Probate Case, or an action against the Trustee, for a better distribution of Trust Assets, but you will probably lose. Hire a MS attorney to advise you of what to do, but I think you will find that her... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I own an undivided 1/4 interest in a limited partnership. No one likes my division of the property. Who can divide it?

All property is land consisting of pine and hardwood timber. There are 4 partners and I am one of them. There is 2,800 acres total.

Anthony M. Avery
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answered on Aug 22, 2022

As a Partner you should be able to either sue for a Partition Sale or Division In Kind, or dissolve the Partnership. The Partnership Agreement may define your rights in assets, so read it. Hire a competent MS attorney to either sell the timber, the property or dissolve the Partnership.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: IN the state of Mississippi, can a judgment be made against your home /land if you have a large amount of medical bills

Due to cancer diagnosis , the patient responsibility is up in the thousands after insurance has paid , can they take my land. I have cancer and unable to work and I live on social security.

Anthony M. Avery
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answered on Aug 9, 2022

Any debt can become a judgment lien against real property. Hire a MS attorney to advise you of Exemption Statutes and proper planning.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: A Lis Pendens against my property was filed in August 2021.

It alleged breech of contract. How long does the estate have to produce the documentation since none was filed with initial paperwork? Can I file to have this dismissed?

Anthony M. Avery
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answered on Jul 25, 2022

You will need to hire a competent MS attorney to move for summary judgment and a declaration of release.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Mississippi on
Q: Why does my sister have to pay a lawyer to get my deceased mother's house in her name?

My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... View More

Nina Whitehurst
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answered on Jun 14, 2022

This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... View More

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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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... View 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... View 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,... View 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... View 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... View 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
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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... View 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.... View More

Nina Whitehurst
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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...
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