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Mississippi Questions & Answers
1 Answer | Asked in Family Law for Mississippi on
Q: In MS, if an 18 year old has written permission from both of her parents, may she move out of the house?
T. Augustus Claus
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answered on Oct 25, 2023

In Mississippi, there isn't a specific age mentioned for a minor to move out with parental permission. If both parents provide written consent for an 18-year-old to move out, it may be legally acceptable. It's crucial to have a clear and documented agreement outlining the terms of the... View More

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 Gov & Administrative Law and Municipal Law for Mississippi on
Q: My niece works at a local b&b where the owners used her information to apply for a liquor license. Is that legal?
T. Augustus Claus
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answered on Oct 20, 2023

Using your niece's personal information without her consent to apply for a liquor license is typically illegal and raises significant concerns. To address this situation, steps should be taken, including documenting the incident, discussing concerns with the B&B owners, and reporting the... View More

2 Answers | Asked in Business Law for Mississippi on
Q: How does a 5013c organization amend the bylaws
James L. Arrasmith
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answered on Oct 22, 2023

To amend the bylaws of a 501(c)(3) organization in Mississippi, you'll first want to review the current bylaws to determine the specific procedure laid out for making amendments. Often, bylaws specify how much notice must be given before a meeting to discuss changes, who can propose changes,... View More

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2 Answers | Asked in Business Law for Mississippi on
Q: How does a 5013c organization amend the bylaws
T. Augustus Claus
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answered on Oct 20, 2023

To amend the bylaws of a 501(c)(3) organization in Mississippi, start by reviewing the current bylaws and identifying the sections to amend. The board of directors typically initiates this process, discussing and voting on the proposed changes. Draft a clear document outlining the proposed... View More

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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?
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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 Copyright, Internet Law, Libel & Slander and Intellectual Property for Mississippi on
Q: Does making pornographic content of a copyrighted character fall under fair use / parody?

This character is widely publicly sexualized, but not by the owner of the copyright per say. This content would also be for profit.

James L. Arrasmith
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answered on Oct 18, 2023

In the U.S., fair use is a doctrine that allows limited use of copyrighted material without obtaining permission from the rights holders. Factors considered include the purpose of use, nature of the copyrighted work, amount used, and effect on the market.

While parody can sometimes be...
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1 Answer | Asked in Adoption and Family Law for Mississippi on
Q: What is the process from someone filing a motion to set aside judgment in an adoption case, after it had been filed?
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answered on Oct 17, 2023

To set aside an adoption judgment in Mississippi, you must file a motion with the court that issued the judgment. The motion must state the grounds for setting aside the judgment, such as fraud, duress, or undue influence. The court will then hold a hearing to decide whether or not to grant the... View More

1 Answer | Asked in Criminal Law, Immigration Law and International Law for Mississippi on
Q: Q: Do I have to declare my two contempt of court charges if it was expunged on a Student Visa for Australia?

My two Contempt of Court charges were because I forgot to pay my traffic tickets and show up to court. But I got all of them expunged 3 years ago

James L. Arrasmith
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answered on Oct 15, 2023

When applying for an Australian student visa, you're typically asked about any criminal convictions, and this includes charges and their outcomes. While your contempt of court charges were expunged, some jurisdictions may still view them as part of your record. The general practice is to be... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person receives the 5 year sentence for failure to register but not made mandatory by Judge, have to serve all 5?

The Judge did not order mandatory and prosecutor did not request it to be 5 year mandatory in Mississippi. So is the person not eligible under law for good time,

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answered on Oct 11, 2023

In Mississippi, if a judge does not specify that a sentence is to be served as "mandatory" or without the possibility of parole or early release, then the sentenced individual may be eligible for parole or other sentence reductions based on good behavior or other factors. "Good... View More

1 Answer | Asked in Car Accidents for Mississippi on
Q: I was involved in an accident where a motorcycle cop rear ended me. I was then breathalyzed under no probable cause.

The cop was clearly in the wrong and that was known by all parties and witnesses. However, when the report came out, it stated that I was never given a breathalyzer test. Can I sue for this?

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

Yes, you can sue the cop for rear-ending you. None of the other allegations in your question really matter.

You can recover the cost to repair your vehicle, loss of use, your medical expenses, and depending upon the nature and extent of your bodily injuries, maybe even pain and suffering.

2 Answers | Asked in Contracts and Personal Injury for Mississippi on
Q: Can a storage unit be liable if your merchandise is damaged by rats and roaches?

Insurance is paid in monthly storage fees. Even though, they are aware of the pests they hold no responsibility in damages

T. Augustus Claus
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answered on Oct 2, 2023

Generally, liability for pest damage would be outlined in your rental agreement. If insurance is part of the storage fee, check the policy's terms to see if it covers this type of damage. If the storage facility knew about the pest problem and failed to address it, they might bear some... View More

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1 Answer | Asked in Landlord - Tenant and Contracts for Mississippi on
Q: My land lord put the house we were renting on the market to be sold. Could that be a breach in contract?

We were renting month to month. He said if we found another place in the middle of a month that we paid he would reimburse us for the remainder of the month. We decided to move the last day of the month.

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

It is unlikely to be a breach of contract unless the lease between you and your landlord expressly prohibits the landlord from selling the house.

Landlords of income-producing property, like rent houses, often sell them to other parties. The presence of an existing tenant with a lease may...
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1 Answer | Asked in Family Law for Mississippi on
Q: Familiar with family law CPS cases in Mississippi? They are stealing my children including my newborn
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answered on Sep 22, 2023

Documentation is key in such situations. Ensure that you have all necessary records: medical histories, school records, and any other evidence that demonstrates a safe and loving environment for your children. Being proactive can also involve gathering character references from trusted people... View More

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
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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 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.

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