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One of the most frequent questions we get about the probate process is-How long will this take? The simple answer is-IT DEPENDS. There are a number of factors that determine how fast an estate will be closed, but the answer depends on how fast each step in the...
When people use the term Estate that simply means a person's belongings at the time of their death, whether it be land, vehicles, or bank accounts. An estate typically has property in two different categories-personal property and real property. Personal...
At Gibson & Mullennix, we practice in a number of areas of the law. When dealing with expungements we always get a number of calls. Once we establish if our client is eligible, the question we get the most about expungements is the time frame it takes to get...
Pursuant to Section 91-7-322 of the Mississippi Code, persons are allowed to file a small estate affidavit. But in 2020 the amount of estate permitted increased. The total amount of the Estate now may be up to $75,000.00. All other elements of the statute remain the...
The Mississippi Governor recently signed a new bill that will go into law on July 1, 2021 allowing for expanded parole eligibility for Defendants convicted of a felony: Nonviolent crimes. All persons sentenced for a nonviolent offense shall be eligible for parole only...
A common question for people seeking probate attorneys is the issue of life insurance proceeds, mutual funds and 401k distributions. These assets more often than not pass outside of the Estate. Typically, the person who passes away sets up a beneficiary on these...
Mississippi allows for Expungement of DUI conviction, but there are several conditions that must be met. Mississippi Code Annotated Section 63-11-30 is the DUI Statute. Section 13 deals with expungements in order to be eligible for an Expungement the statute...
In Mississippi, making sure your rights as a heir at law are sometimes not as clear and easy as the law may make it seem. If a person dies without a will, in order to transfer property both real and personal, the Court must determine who are the heirs at law. We...
In Mississippi, it is still possible to probate a copy of a will. As we previously discussed on this blog, a will requires two witnesses and their statement that the testator was of sound mind. A copy of a will may be probated if the copy is authentic and can be...
Even if your case is dismissed or remanded, sometimes the charge can still show on your record. That's because the arrest for the charge may show up on a background check, because even if the case has not been dismissed the record of the arrest has not been expunged....