How to apply for a Medicaid hardship waiver to protect inherited property from estate recovery claims in Mississippi
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer If you inherit real property in Mississippi and later apply for Medicaid long-term care benefits, the state may seek to recover costs from your estate under federal law (42 U.S.C. […]
Read article →Can I Appeal a Probate Court Decision Removing a Personal Representative in MS?
Can I Appeal a Probate Court Decision Removing a Personal Representative in Mississippi? Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation. Detailed Answer In Mississippi, if the probate court removes a personal representative (executor or administrator), you generally may appeal […]
Read article →How to Determine Intestate Heirs of My Father's Estate in Mississippi
Detailed Answer In Mississippi, dying without a valid will triggers intestate succession under the Mississippi Probate Code. Intestate succession determines which family members inherit your father’s assets. You must follow a step-by-step process to identify and confirm each heir. Step 1: Verify the Absence of a Valid Will First, search for any valid will. A […]
Read article →Does the personal representative have to provide me a copy of the accounting in a probate matter in Mississippi?
Disclaimer: This is not legal advice. It is for educational purposes only. Detailed Answer Under Mississippi law, a personal representative (sometimes called an executor or administrator) must file estate accountings with the chancery court and provide copies to all interested parties. Mississippi Code §91-7-233 requires the personal representative to exhibit an annual—or other—account of receipts, […]
Read article →How to Determine What Assets Remain in an Estate After Paying Debts and Fees in Mississippi
How to Determine What Assets Remain in an Estate After Paying Debts and Fees Detailed Answer Administering an estate in Mississippi starts with collecting and valuing assets, paying valid debts and fees, then distributing the net property to beneficiaries. Personal representatives follow a statutory order of payment set forth in Miss. Code Ann. § 91-7-291. […]
Read article →Options for Personal Representative with Limited Funds for Handling Creditor Claims in Mississippi
Detailed Answer As a personal representative in Mississippi, you must notify known creditors and publish a formal notice in a local paper per Miss. Code Ann. § 91-7-321 (https://law.justia.com/codes/mississippi/2013/title-91/chapter-7/section-91-7-321/). Creditors then have six months from the first publication date to file valid claims. When estate assets are limited, you have several options to manage claims […]
Read article →How to Manage Estate Administration When Assets Are Located in Multiple Counties or Jurisdictions in Mississippi
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Mississippi for guidance on your unique situation. Detailed Answer When a decedent’s assets span multiple counties or even states, personal representatives must navigate both the primary probate and any ancillary or secondary proceedings. In Mississippi, probate […]
Read article →How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit Process in Mississippi
Detailed Answer Understanding Mississippi’s Small Estate Affidavit Mississippi law allows the use of a Small Estate Affidavit to transfer certain personal assets of a decedent without formal probate, provided the total value of qualifying assets does not exceed $75,000 (excluding homestead and exempt property). See Miss. Code § 91-7-211 for details: § 91-7-211. Step 1: […]
Read article →How to manage and prioritize creditor claims during estate administration in MS?
Detailed Answer 1. Provide notice to creditors Within 30 days after qualification, the personal representative must publish a Notice to Creditors in a newspaper of general circulation in the county of administration. This notice must run once per week for three consecutive weeks and inform potential creditors of the deadline to file claims (typically within […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs in Mississippi
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a person dies in Mississippi, the personal representative (executor or administrator) must pay all valid debts and estate expenses before distributing assets to heirs or beneficiaries. The personal representative may use various methods to sell or auction personal […]
Read article →