What type of deed should heirs sign to convey their interests in property in Mississippi, and how is it recorded?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Mississippi law, when heirs wish to transfer their interests in real property, they typically use a Quitclaim Deed or a Special Warranty Deed. Before executing either deed, the court must first determine the heirs in a “probate for […]
Read article →How Can a Client Verify Creditor Notice Requirements in a Mississippi Estate to Use the Two-Year Rule?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer To rely on Mississippi’s two-year rule (Miss. Code Ann. § 91-7-357), you must verify that the personal representative satisfied all notice requirements under Miss. Code Ann. § 91-7-353 and Miss. Code Ann. § 91-7-355. 1. Understand Mississippi’s Two-Year Rule […]
Read article →What Steps Are Needed to Bring Real Property into the Estate in Order to Pay Claims of the Estate in Mississippi?
Disclaimer: This article does not constitute legal advice. Consult a licensed Mississippi attorney for advice specific to your situation. Understanding Real Property in a Mississippi Estate When someone dies owning real property—such as a house, land or commercial building—the personal representative must handle that asset properly. Mississippi law requires the court to admit the property […]
Read article →Can I Seek Reimbursement from a Mississippi Estate for Paying a Funeral Bill?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer If you paid the funeral bill for a loved one in Mississippi, you can generally seek reimbursement from the decedent’s estate. Mississippi law grants funeral expenses priority payment over most other debts. Under Miss. Code Ann. § 91-7-301, estates […]
Read article →How Can an Administrator in Mississippi Verify That the Payment Fully Satisfied the Outstanding Vehicle Loan?
Detailed Answer Overview: When an estate administrator in Mississippi pays off a vehicle loan, the administrator must confirm that the lender released its lien and the vehicle’s title reflects full satisfaction. Below are the key steps to verify payoff under Mississippi law. 1. Obtain a Written Payoff Statement Request a written payoff statement from the […]
Read article →How Does an Incomplete or Missing Marriage Certificate Affect a Surviving Spouse’s Allowance Claim in MS?
When a surviving spouse files for an allowance from a decedent’s estate in Mississippi, the probate court requires proof of marriage. A complete marriage certificate serves as prima facie evidence. If your certificate is incomplete or missing, you must present alternative proof. Below is a detailed answer and practical guidance under Mississippi law. Detailed Answer […]
Read article →How can the client obtain appointment as administrator when a higher-priority heir exists in Mississippi?
Detailed Answer When someone dies without a will in Mississippi, the chancery court appoints an administrator to manage and distribute the estate. Under Mississippi Code § 91-7-1, the court follows a strict priority list: surviving spouse, children, parents, siblings, and other next of kin. If a higher-priority heir exists but cannot or will not serve, […]
Read article →Process and timeline for applying to be personal representative of an estate in Mississippi
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Overview of Personal Representative Appointment in Mississippi When someone dies owning property in Mississippi, the court must appoint a personal representative (executor or administrator) to manage and distribute the estate. The process follows the Mississippi Probate Code (Miss. Code […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Mississippi?
Detailed Answer When a minor is entitled to property or funds from an estate in Mississippi, the chancery or probate court must appoint someone to protect the minor’s financial interests. Mississippi law provides two main routes: Permanent Guardian of the Estate: A family member or other qualified adult files a petition under Miss. Code Ann. […]
Read article →What Steps Protect a Minor’s Inheritance in Mississippi When the Decedent Dies Without a Will?
Detailed Answer When a person dies without a will in Mississippi, or dies intestate, the probate court follows Mississippi Code Ann. §91-1-15 to distribute assets. A minor child inherits the same share as an adult child. The court appoints a personal representative under Miss. Code Ann. §91-7-209 to collect debts, pay expenses, and protect the […]
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