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Mississippi Questions & Answers
1 Answer | Asked in Business Formation for Mississippi on
Q: What is the best business type for co-owners?

The co-owners are me and my husband. It is a small business that specializes in event planning and coordination.

T. Augustus Claus
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answered on Sep 22, 2023

In Mississippi, forming a Limited Liability Company (LLC) is often a preferred choice for small business co-owners like you and your husband who are engaged in event planning. An LLC provides the liability protection that a corporation offers, while maintaining the operational flexibility and... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long does prosecution have to indict on Aggravated assault
T. Augustus Claus
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answered on Sep 22, 2023

In Mississippi, the statute of limitations for aggravated assault is generally two years from the date of the alleged offense. This means that the prosecution has two years to file charges against the accused. However, there can be exceptions or conditions that could extend or modify this period.... 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 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.

Anthony M. Avery
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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 Legal Malpractice, Family Law and Child Custody for Mississippi on
Q: I have printed the complaint form for professional misconduct but should I submit this without representation now?

I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over... View More

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:... View More

1 Answer | Asked in Tax Law for Mississippi on
Q: How to purchase a home recently acquired by "The State of MS" according to county tax records.

I have not seen the house announced in the paper for auction, nor is it posted anywhere. It was turned over to the state within the last two months or less. Is there an alternate route to taking ownership?

James L. Arrasmith
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answered on Sep 14, 2023

To purchase a property recently acquired by the State of Mississippi for delinquent taxes, you typically need to wait for the property to go through the tax sale or auction process. If it hasn't been advertised or posted yet, it's advisable to monitor announcements and notices from the... 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 Criminal Law for Mississippi on
Q: How to get sheriff dept to do thier job?

My friend passed away in her boyfriends front yard he didnt call 911 when she was found he was just sitting on the porch until he realized someone was there then he started pretending to ned help. she had been dead several hours at this point. on the porch where e was her purse was dumped out her... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Under the circumstances you describe, you should assume you are a suspect and should retain a competent and experienced criminal defense attorney as soon as possible. You should also assume police will not give you all the information they have and that they may lie to you to gauge your reactions... View More

1 Answer | Asked in Family Law for Mississippi on
Q: When I got married it was a man who got his ordained minister online to marry people. His tilte is Minister before his

Name. When he married my husband and I he signed it Reverend then his name is that a valid marriage record in Mississippi .

T. Augustus Claus
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answered on Aug 30, 2023

Mississippi and many other states, the validity of a marriage officiated by an ordained minister who obtained their ordination online depends on the specific requirements and regulations of the state.

1 Answer | Asked in Medical Malpractice for Mississippi on
Q: I have a question on weather or not something qualifies for dental medical malpractice
T. Augustus Claus
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answered on Aug 30, 2023

Please provide me with more context or details about the situation related to dental medical malpractice that you're inquiring about.

1 Answer | Asked in Employment Law and Civil Rights for Mississippi on
Q: How to go about suing a company for American Vunerable Abuse Act in State of Mississippi ?

My son is Autistic but highly functional, he does have certain things that he cannot learn certain things like how to drive and his right hand from his left, count money, and he is also ADHD, his employer knew this when they hired him, he worked for 2 weeks without pay, or the required background... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2023

I hate seeing this. Based on the facts as you've presented, your son may have a claim for discrimination and constructive termination; however, it is going to depend on some more facts, as those types of cases are very fact intensive. Your best bet is going to be to reach out to a lawyer to... View More

2 Answers | Asked in Uncategorized for Mississippi on
Q: During a heart attack shouldn't an ambulance go faster than 70 mph? I almost died.
John Michael Frick
John Michael Frick
answered on Aug 26, 2023

The max speed for an ambulance under ideal circumstances is 77 mph.

Most often, circumstances are not ideal

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1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: If you call 911 for help does the police have to respond to the call?
John Michael Frick
John Michael Frick
answered on Aug 19, 2023

No. 911 dispatchers are trained to determine whether the caller is reporting a genuine emergency and to prioritize calls to use available resources most efficiently.

A disturbing number of 911 calls are frivolous.

1 Answer | Asked in Criminal Law for Mississippi on
Q: what is the penalty possession of a firearm while legally in postion of controlled substance in mississippi?
T. Augustus Claus
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answered on Aug 15, 2023

In Mississippi, the possession of a firearm while in possession of a controlled substance is a serious offense. This offense is often referred to as "possession of a firearm in the commission of a felony" or a similar term, and it is usually treated as a separate offense from the... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: how can i get my car back the law seized on a warrent?
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answered on Aug 14, 2023

If your car was seized by law enforcement under a warrant, the first step you should take is to contact the law enforcement agency that seized your car to inquire about the process for reclaiming it. They will provide you with information about the necessary steps, documents, and fees that you need... View More

1 Answer | Asked in Estate Planning for Mississippi on
Q: See below

Can I earn commission for selling property if I’m a trustee of the will

I am the co executor of my brothers will and have been for 12 years. I earn a monthly income from the trust to take care of everything $833/ mo. A piece of land he owned I advertised and sold. I placed all the... View More

Anthony M. Avery
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answered on Aug 11, 2023

You probably need to move the Court to award you administrative and/or fiduciary fees as the executor. It will require an affidavit of services rendered and a request that the Court order it out of Estate assets. It is not a commission. Hire a MS attorney to do this.

1 Answer | Asked in Education Law for Mississippi on
Q: Can it be felony fleeing if I did speed limit to a safe area , without breaking any other traffic laws
T. Augustus Claus
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answered on Aug 9, 2023

Fleeing or evading law enforcement can lead to felony charges even if you follow traffic laws and go to a safe area. It's important to comply with law enforcement instructions during traffic stops to avoid potential legal consequences.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Mississippi on
Q: Ins is contacting the repair company I got an estimate from after I have demanded them to not contact them, what to do?

This is the ins of the vehicle that rear ended my vehicle and they are trying to negotiate the repair shop down and have them do the work in a manor that is not to the proper course of repair and bring my vehicle back to pre-loss condition.

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2023

A Mississippi attorney could advise best, but your question remains open for two weeks. It's not uncommon for insurance carriers to be in contact the collision shop. The property damage adjuster could be interested in seeing the damage up close. Good luck

1 Answer | Asked in Estate Planning for Mississippi on
Q: I'm writing my will a hand written will I've hand printed it an sighed an dated it I live in ky I've followed the krs
Nina Whitehurst
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answered on Aug 6, 2023

Do you have a question? If so, try reposting it.

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.

Anthony M. Avery
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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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