Mississippi: How to Become Personal Representative When the Named Executor Refuses
What to Do If the Named Executor Won't Serve — Mississippi Probate Guidance Detailed Answer When a person dies leaving a will that names someone as executor (also called personal representative), that named person does not have to accept the job. In Mississippi, if the named executor refuses or cannot serve, the probate court will […]
Read article →Mississippi: Can Medicaid Make You Sign Over a Deed or Claim Your Mother’s Home?
Detailed Answer This article explains how Mississippi’s Medicaid estate recovery works, whether Medicaid can make you sign over your mother’s deed, and what options may exist to protect a home. This is general information only and is not legal advice. For personalized guidance, contact a qualified elder-law attorney or the Mississippi Division of Medicaid. How […]
Read article →Mississippi: Why an Inherited House May Be Non‑Probate and How to Handle the Mortgage
Detailed Answer Short answer: Many houses that someone “inherits” never become part of the probate estate because they pass automatically by operation of law or by written designation. Whether the house goes through probate affects who officially controls the property, but it does not eliminate the underlying mortgage. If the property passed outside probate to […]
Read article →Mississippi: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account Before an Administrator Is Appointed
Can I stop my sibling from using our deceased parent’s bank account for mortgage payments before an administrator is appointed? Short answer: Possibly — but it depends on who technically owns the account and how it is titled. If the account was solely in your parent’s name (no joint owner or payable-on-death beneficiary), the funds […]
Read article →Mississippi: Forcing Return of Sentimental Items from a Sibling During Probate
Can I force the return of sentimental items from my sibling during probate? — Mississippi FAQ Short answer: Possibly. In Mississippi, sentimental items that belong to the decedent’s estate must be preserved and turned over to the personal representative (executor/administrator) for inventory and distribution. If your sibling removed items without legal authority, you can ask […]
Read article →Mississippi Probate: Do Administrators Have to Post a Bond When There Is No Will?
Administrator Bond Requirements in Mississippi Probate Detailed Answer In Mississippi, courts generally require the person appointed to administer an intestate estate (an estate where the decedent left no valid will) to post a fiduciary bond before receiving letters of administration. The bond protects the estate and its beneficiaries from loss if the administrator mismanages assets, […]
Read article →Mississippi — Enforcing or Disputing an Oral Agreement to Divide Wrongful-Death Proceeds
How to Enforce or Dispute an Oral Agreement About Dividing Wrongful-Death Proceeds in Mississippi Disclaimer: This is general information, not legal advice. I am not a lawyer. For case-specific guidance, consult a licensed Mississippi attorney. Short answer — who controls wrongful-death proceeds and can bind others? Under Mississippi law, a surviving spouse, personal representative (executor/administrator), […]
Read article →How to Apply to Serve as Administrator of an Intestate Estate in Mississippi
Step-by-step guide to applying to serve as administrator of an intestate estate in Mississippi Short answer: If your mother died without a will in Mississippi, you generally apply to the chancery court in the county where she lived to be appointed administrator (sometimes called personal representative). The court will decide who has priority, require an […]
Read article →Mississippi: Selling an Estate House Facing Foreclosure When a Co-Administrator Refuses to Sign
How to get an estate house sold when a co-administrator refuses to sign (Mississippi) Short answer: If a co-administrator of an estate in Mississippi refuses to sign paperwork to sell estate real property, the usual next steps are to try to resolve the disagreement, then ask the chancery court that supervises the estate to authorize […]
Read article →Mississippi — Getting Court Approval to Release Estate Funds When Beneficiaries Disagree
Detailed Answer — Court Permission to Pay Out Estate Money When Beneficiaries Disagree (Mississippi) Short overview: When people disagree about splitting estate funds in Mississippi, the personal representative (also called executor or administrator) should not distribute contested money without a court order. The chancery court that oversees probate can approve interim or final distributions, hold […]
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