Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in Mississippi?
Detailed Answer Under Mississippi law, a surviving spouse (and minor children) may claim a “year’s allowance” (often called a family allowance) for support from the decedent’s estate. Mississippi Code Annotated §§ 91-7-145 to 91-7-147 authorize this allowance. The allowance may include cash, income, or specific personal property assets set aside for the claimant’s maintenance during […]
Read article →How to request and schedule a probate hearing in Mississippi when none is set
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney in Mississippi for assistance with your specific situation. Detailed Answer When you file a probate petition in Mississippi and no hearing date appears on the chancery court docket, you must take proactive steps to request that […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Mississippi (MS)
Detailed Answer In Mississippi probate, serving court orders on interested parties ensures everyone with a legal stake in the estate receives proper notice. Suppose Catherine Brown is appointed executor of her father John Doe’s estate in Hinds County. To move the probate case forward, Catherine must serve each interested party—heirs, devisees and known creditors—with the […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Mississippi
Understanding Initial Probate Representation Agreements in Mississippi Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Mississippi attorney before making decisions. Detailed Answer An initial probate representation agreement sets out the tasks an attorney will perform when opening and administering a decedent’s estate in Mississippi chancery court. […]
Read article →May I petition a court in Mississippi to remove an estate administrator who refuses to fulfill their duties?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Mississippi law, beneficiaries or other interested parties may seek removal of an estate administrator who fails to act or breaches fiduciary duties. The chancery court oversees probate matters and enforces the Mississippi Probate Code. Step 1: Confirm interested-party […]
Read article →How can I request an extension for filing a final accounting in probate in Mississippi?
How to Request an Extension for Filing Your Final Probate Accounting in Mississippi Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation. Detailed Answer In Mississippi probate, executors or personal representatives must file their final accounting within five months […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Involving a Car Accident in Mississippi?
Detailed Answer A wrongful death lawsuit in Mississippi can only proceed through the decedent’s estate. State law grants the right to file a wrongful death claim exclusively to the personal representative of that estate. If no personal representative exists, you must open an estate to appoint one before you can sue. Wrongful Death Statute Mississippi […]
Read article →How to Apply for Letters of Administration and Required Forms in MS
Detailed Answer Overview of Letters of Administration Letters of administration authorize an individual to manage and distribute a decedent’s estate when there is no valid will or no executor named. In Mississippi, this process is governed by Mississippi Code Annotated § 91-7-1 et seq. and handled in the chancery or county probate court where the […]
Read article →How to Distribute Wrongful Death Proceeds to Rightful Heirs in Mississippi
Detailed Answer In Mississippi, wrongful death proceeds belong to the decedent’s estate. Under Miss. Code Ann. § 11-7-15, all damages awarded for wrongful death actions vest in the decedent’s estate. You distribute the net recovery through probate or estate administration, following Mississippi’s intestate succession rules if there is no valid will. 1. Appoint a Personal […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Mississippi?
Detailed Answer Under Mississippi law, the Department of Human Services (MDHS) may recover Medicaid benefits paid on behalf of a recipient from that person’s estate after death. Federal law (42 U.S.C. §1396p(b)) requires each state to seek repayment for benefits paid, and Mississippi implements this through Miss. Code Ann. §43-13-117. Recovery typically occurs during probate, […]
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