Lawyers, Answer Questions  & Get Points Log In
Mississippi Real Estate Law Questions & Answers
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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Mississippi on
Q: How can I legally purchase property that I have maintained for over 10 years?

The property is heir property and the owner would sell it, but believes all heirs would need to be involved(3 total). The owner has been the only heir involved at all with this property and has paid the taxes on it for at least 11 years. This piece of property joins to mine and I’ve maintained... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2020

Hire a competent attorney to first conduct a title search. Then he needs to determine heirship and record it with an Affidavit of Heirship. Finally get a Deed executed by all Heirs At Law over to you. They may demand some monetary consideration.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: My daughter owned a house and told me I could stay as long as I wanted.She left and while gone sells the house. Now What
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2020

The grantee owner takes subject to your possession. He will have to file and prosecute a suit to evict you. Ultimately the owner will recover possession, so start looking for another place to live unless you obtain a lease to rent from the owner.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: House left by their parents. No one has lived in it for years. Can we quick deed or call it abandoned. It is torn apart

The entire house has to be gutted out. There are 14 siblings. How can we take full ownership by quick deed or filing house abandoned. Walls have to be torn down. Bath tub commode sinks and cabinets have to be replaced. We want to fix it and move in but not sure since so.many have rights do what can... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2020

Hire a competent attorney to conduct a title search and determine heirship. Then draft a deed for the other heirs to convey their interests to you as the fee owner. Also you need to check the taxes, as a tax sale might be in the works. If there was a mortgage, then foreclosure might be imminent... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I am giving my house to one of my children. No money will be exchanged. How do I go about getting the deed in his name?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2020

Hire an attorney to draft the Deed from you as grantor to your child as grantee. It can be a Quit Claim Deed or a Warranty Deed. If there have been no title problems, go with the cheaper to record Quit Claim Deed. You might wish to consider retaining a Life Estate, with the Remainder going to... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Need legal advice on property after someone passes away without a will or estate.

Need legal advice. Parent passed and left 4 children without a will. The eldest was unable to attend to matters after the parent passed and left another sibling to manage affairs. Now the sibling left to manage property is unable to keep up with property taxes and subject to miss payments and lose... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 22, 2020

Unfortunately, without setting up an estate for your parent, there is not a whole lot that can be done. Your best bet is going to be to get with an attorney sooner rather than later, so that the lawyer can set up an estate, appoint someone to manage the estate, and facilitate transfer or sale of... View More

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: What is the ejectment process and time for an occupied property in Mississippi acquired through a tax deed

Hi I would like to know what is the process and time for an ejectment in Mississippi State when the property is obtain through a patent from the state

Randall R. Saxton
Randall R. Saxton
answered on Feb 24, 2020

In Mississippi, most property owners get two years after the sale to redeem the property.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.