How do I prepare an heirship affidavit in Mississippi (MS)?
How to Prepare an Heirship Affidavit in Mississippi Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer An affidavit of heirship is a sworn statement used to identify the heirs of a person who died without a will. In Mississippi, you can use this document to clear title […]
Read article →How can I probate a will that was not witnessed or notarized in Mississippi?
Detailed Answer Under Mississippi law, a valid will must meet strict execution requirements. The Mississippi Code Annotated § 91-1-15 states that a will must be in writing, signed by the testator (the person making the will), and attested by two credible witnesses. Notarization is optional and does not substitute for witness signatures. Without the signatures […]
Read article →What Is the Difference Between Common and Solemn Form Probate in Mississippi?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed probate attorney in Mississippi for guidance specific to your situation. Detailed Answer Background: Mississippi vs. North Carolina Probate Terminology North Carolina uses the terms common form and solemn form probate (see N.C. Gen. Stat. § 28A-2-1 and § […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in MS
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Mississippi for personalized guidance. Detailed Answer 1. Locate the Original Will Begin by checking the decedent’s personal files, safe deposit box, or home safe. Contact the decedent’s attorney or accountant—they often retain client wills. Ask family […]
Read article →How Do I Invoke an Insurance Appraisal Clause in Mississippi to Challenge a Low Diminished Value Offer?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a licensed attorney. Detailed Answer When an insurer issues a low diminished value offer after a covered loss, you can invoke the appraisal clause in your Mississippi insurance policy to obtain an independent, […]
Read article →Mississippi: What is the process for petitioning a court to remove a personal representative for mishandling estate assets?
Detailed Answer Under Mississippi law, any “interested person” may ask the Chancery Court to remove a personal representative who mismanages estate assets. The removal process is governed by two key statutes: Miss. Code Ann. § 91-7-255 and the Chancery Court’s jurisdiction under Miss. Code Ann. § 9-1-47. 1. Who may file the petition? An “interested […]
Read article →What Information and Documents Should Be Gathered Before the Decedent's Passing to Streamline Probate in Mississippi?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Mississippi for guidance regarding your situation. Detailed Answer Proper estate planning helps heirs and personal representatives streamline the probate process in Mississippi. Gathering key documents before the death of a loved one reduces delays, costs, and […]
Read article →How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in Mississippi (MS)?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Mississippi for guidance specific to your situation. Detailed Answer Under Mississippi’s Uniform Trust Code, beneficiaries hold trustees to strict fiduciary duties. If a trustee misuses trust funds, beneficiaries can take the following steps in chancery court: […]
Read article →Which types of income can be included when calculating lost wages under Mississippi law?
Detailed Answer Mississippi law allows you to recover lost wages as part of your economic damages when another party’s negligence or intentional act injures you. Lost wages compensate you for income you actually lost and any future income you likely will lose because of your injury. Courts quantify lost wages by examining reliable records that […]
Read article →What steps are needed to seek guardianship or a conservatorship for an incapacitated relative in Mississippi?
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Detailed Answer To seek guardianship or conservatorship for an incapacitated adult in Mississippi, follow these steps: Assess Capacity. Determine whether your relative lacks the physical or mental capacity to manage personal or financial affairs. A qualified professional, such as a physician […]
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