Estate Planning in Mississippi | MS Legal Resources | FastCounsel

How Can Original Wills and Codicils Be Located and Verified Before Opening Probate in Mississippi?

Detailed Answer Locating and verifying an original will or codicil is critical before you open probate in Mississippi. State law guides where wills may be kept and how to confirm their authenticity. 1. Search the Chancery Clerk’s Records Under Miss. Code Ann. § 91-7-27 et seq., a testator may deposit an original will or codicil […]

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Do I Have to Pay My Medical Liens From My Personal Injury Settlement? Mississippi

Disclaimer The information in this article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Mississippi to discuss your specific situation. Detailed Answer When you recover money from a personal injury settlement in Mississippi, medical providers and certain government agencies can assert liens against those proceeds to secure […]

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How to Initiate the Sale of Estate Property to Satisfy Creditor Claims in Mississippi

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Mississippi attorney for guidance specific to your situation. Detailed Answer Under Mississippi law, you must petition the chancery court for an order authorizing the sale of estate property to pay valid creditor claims. The process involves four main […]

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What is the process for contacting the responding law enforcement officer or agency to correct a report in MS?

Detailed Answer If you notice errors in a Mississippi law enforcement report—such as incorrect dates, misspelled names or inaccurate incident details—you can request a correction. While Mississippi law does not provide a specific “report correction” statute, you can use the Public Records Act and agency procedures to pursue an amendment. Identify the correct agency and […]

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What information and documentation are required to verify all individuals with an interest in real property in MS?

Detailed Answer To confirm every person or entity with an interest in Mississippi real estate, you must gather and review specific records. Start with a complete title search of the chain of title through the county Chancery Clerk’s office. Mississippi requires that all conveyances affecting real property be recorded in the county where the land […]

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What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in Mississippi?

Understanding Surplus Funds in Mississippi Foreclosure Proceedings Detailed Answer When a lender forecloses on a Mississippi property, the foreclosure sale may generate funds beyond what is needed to repay the debt, interest, costs, and liens. These excess monies are called “surplus funds.” If you believe you are entitled to surplus proceeds, you must file a […]

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What Steps Are Needed to Access and Review Unclaimed Property Information on nccash.com in Mississippi

Accessing and Reviewing Your Unclaimed Property Account on nccash.com in Mississippi Disclaimer: This article provides general information under Mississippi law. It does not constitute legal advice. Consult an attorney for advice about your specific situation. Detailed Answer nccash.com is the online portal for the National Association of Unclaimed Property Administrators (NAUPA), connecting you with state […]

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How to Determine if Creditors or Lienholders Can Claim Surplus Funds in Mississippi

Determining Creditor and Lienholder Claims on Surplus Funds in Mississippi Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When a foreclosed property sells for more than the amount owed, the lender or court must distribute the surplus. You need to identify potential claims from other creditors or lienholders […]

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What steps are required to locate, inventory, and distribute estate assets and settle debts in Mississippi

Detailed Answer Settling an estate in Mississippi involves a structured probate process. You follow clear steps to locate assets, account for them, pay debts, and distribute what remains. Below is an overview of the required actions under Mississippi law. Step 1: File a Probate Petition and Appoint a Personal Representative The process begins by filing […]

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How to verify if the decedent had a valid will or other estate planning documents in Mississippi

Detailed Answer Under Mississippi law, a valid will must be in writing, signed by the testator (the person making the will), and witnessed by at least two competent witnesses who sign in the testator’s presence. See Miss. Code Ann. § 91-5-1 for statutory requirements. To confirm whether the decedent left a will or other estate […]

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