How do heirs locate and claim unclaimed property of a deceased relative in Mississippi?
Detailed Answer Under Mississippi’s Uniform Unclaimed Property Act (Miss. Code Ann. § 89-8-1 et seq.), assets are presumed abandoned after five years of inactivity. Common unclaimed assets include dormant bank accounts, uncashed checks, life insurance benefits, and safe-deposit box contents. Step 1: Search Official Databases State Database: Visit the Mississippi Unclaimed Property Division (unclaimedproperty.dfs.ms.gov) and […]
Read article →What factors influence the timeline for completing the probate process in Mississippi?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In Mississippi, the probate timeline varies based on statutory requirements and individual estate circumstances. Probate begins when an interested party files a petition in the chancery court of the county where the decedent resided or owned real property (Miss. […]
Read article →How do I confirm if workers’ compensation payments were applied to my medical bills in Mississippi?
Detailed Answer: Checking Workers’ Compensation Medical Payments in Mississippi When you receive medical treatment for a work‐related injury in Mississippi, your employer’s insurer must cover reasonable and necessary medical expenses under Miss. Code Ann. § 71-3-37. This statute requires the insurer to pay providers directly within 45 days of receiving an itemized bill. If payment […]
Read article →What Are the Risks of Probating My Father's Estate Without Legal Representation in Mississippi?
Probating a Parent’s Estate Without a Lawyer in Mississippi: Key Risks Detailed Answer Taking on probate alone in Mississippi means you serve as the personal representative. You handle every step—from filing the will with the chancery clerk to distributing assets to heirs. Mississippi law (Title 91 of the Mississippi Code) lays out strict rules and […]
Read article →If Real Property Passes Automatically at Death vs. Why Do I Have to Probate the Will in Mississippi?
Disclaimer: This article provides general information under Mississippi law and does not constitute legal advice or create an attorney-client relationship. Detailed Answer 1. Automatic Transfers at Death Under Mississippi law, certain property passes outside probate by operation of law or contract. Common examples include: Joint tenancy with right of survivorship: If two or more people […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Mississippi?
Detailed Answer Notifying creditors and handling claims after a death under Mississippi law is a critical part of the probate process. A personal representative (sometimes called an executor) oversees each step to ensure valid debts get paid and remaining assets distribute correctly. Step 1: Appoint a Personal Representative The probate court appoints a personal representative […]
Read article →Can I use an obituary as proof of death to open an estate in Mississippi?
Detailed Answer In Mississippi, a probate court generally requires a certified copy of the decedent’s death certificate to open an estate. Under Miss. Code Ann. § 41-59-7, the state’s vital records law mandates registration and issuance of certified copies of death certificates by the State Department of Health. Courts rely on that certified record to […]
Read article →Can I Open an Estate and Become the Personal Representative as the Mother-in-Law in Mississippi?
Detailed Answer Under Mississippi law, probate begins when a petition is filed to open an estate in the Chancery Court of the county where the decedent resided. The court then appoints a personal representative to manage and distribute assets according to Miss. Code Ann. § 91-7-3. Order of Preference Section 91-7-3 establishes a hierarchy of […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Mississippi?
Detailed Answer Under Mississippi law, a surviving spouse cannot elect to receive a life estate in decedent’s real property instead of an intestate share. Mississippi abolished dower and curtesy and replaced them with a statutory elective share. A surviving spouse may choose either the intestate share or a one-third elective share of the augmented estate, […]
Read article →How does an executor obtain an EIN for the estate? (MS)
Detailed Answer What Is an EIN for an Estate? An Employer Identification Number (EIN) is a unique nine-digit number that the Internal Revenue Service (IRS) issues to estates and trusts for tax reporting. It acts like a Social Security Number for the estate’s financial activity. Executor’s Role Under Mississippi Law Before you apply, the chancery […]
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