How Can Trustees Breach Their Fiduciary Duties in Mississippi?
A trustee in Mississippi has a fiduciary duty to manage a trust according to a wide-ranging set of obligations and responsibilities. If your trustee is breaching any of the rules, he/she can be replaced and, depending on the nature of the breach, may face trust litigation and be required to pay monetary or non-monetary damages. If you’re a beneficiary, how do you know if a trustee is fulfilling their obligations or not? And, if you’ve been appointed as a trustee, how can you ensure you follow the rules? Let’s run down the most common ways that trustees breach their ...
Reviewing Your Mississippi Wills, Trusts & Other Estate Planning Documents
Estate Plan Review Estate planning is an important process that should be reviewed periodically. Wills, trusts, and other documents should be reviewed at least annually but at least once every three to five years even if there aren't any major life changes. This allows you to ensure that your plans are still in line with your wishes and makes any necessary changes. It is also a good time to review beneficiaries. Have you done your annual estate planning review? When reviewing estate plans, individuals should consider these questions Do the provisions still accomplish your goals? Have your documents been ...
How to Avoid Probate in Mississippi
Before the assets included in a will can be distributed by an estate executor in Mississippi, the will must generally be probated. This legal process is initiated at the local courthouse and may take considerable time to finalize, as well as creating some additional costs for the estate. For estate planners, executors, and heirs, there may be benefits to planning ahead to ensure that some or all assets can be distributed without probate. Here is what you need to know. Probate in Mississippi After an individual with a will passes away in Mississippi, the probate process usually ...
Is Embezzlement a Felony in Mississippi?
Embezzlement is a criminal offense in Mississippi but whether it is prosecuted as a felony or misdemeanor depends on the value of the property embezzled. When the property embezzled is valued at over $1,000, felony charges can be filed, and the immediate and longer-term penalties become even harsher than with a misdemeanor. Anyone charged with embezzlement in Mississippi should seek representation from an experienced criminal defense lawyer to protect your rights and mitigate the potentially severe consequences. What is embezzlement? Embezzlement is a white-collar crime that involves someone fraudulently concealing, secreting, or converting to their own use ...
Property Line & Fencing Laws in Mississippi
Many real and personal property disputes in the Biloxi area occur because of misunderstandings about (or ignorance of) the property line and fencing laws in Mississippi. Jointly owned fencing, for instance, is the subject of many court cases every year in the state. Understanding property boundaries and your rights and responsibilities concerning the relevant land laws is essential to prevent potentially costly and stressful legal issues with neighbors. Whether it’s placing a new fence, removing an old one or chopping down a tree on the boundary, the local rules must be obeyed. Here’s an overview of what you need ...
Are Trespassers Covered Under Premises Liability Laws in Mississippi
Premises liability laws in Mississippi make it essential for property owners to meet their duty of care to tenants and visitors by identifying and removing hazards on their premises as soon as possible. If a property owner neglects this duty of care and their actions result in losses or injuries to another party, that party can sue the property owner to seek compensation. But what happens if the visitor to the property is a trespasser without permission to be there? What rules apply then? Here is what you need to know about premises liability and trespasser injuries. What is ...
Guide to Land Right of Way Laws & Easements in Mississippi
Specific property rights usually exclude others from using a piece of land owned by someone else in the U.S. However, right of way and easement laws in Mississippi grant access to others who may require access to the land for a specific purpose. A common example is where a piece of land is surrounded by other people’s land and the property owner must travel over that land to exit and enter his/her property. Easement laws are designed to help prevent disputes and court cases but sometimes they have unforeseen consequences for land and property owners/buyers in Mississippi. Understanding these ...
Lifelong Treatment and Management of a Catastrophic Injury in Mississippi
Catastrophic injuries result when an individual suffers a permanent or long-lasting injury that prevents him/her from performing work and enjoying life to the same extent as before. Most accident injuries heal over time and, while that may take weeks or months, the injury does heal. Catastrophic injuries, on the other hand, may leave their mark for life. The treatment and management of such injuries is a major undertaking, often affecting entire families. When the injuries sustained are the fault of a negligent third party, this can be even more difficult for families to accept, causing great mental and emotional ...
Can a Property Owner Terminate or Block an Easement in Mississippi?
If an entity is granted an easement under Mississippi real estate law, it has the non-possessory right to use another person’s land for a specific purpose. This may involve a portion of land or a larger area of the property. The land usage rights covered under an easement are generally very limited, and the easement holder cannot expand or change these rights without the consent of the landowner. As a landowner or property owner, you may be wondering what rights you have to terminate an easement if it has been granted for your property, and you want to challenge ...
How are Damages Calculated in a Mississippi Injury Case?
An injury suffered in an accident that was due, at least in part, to another person’s negligence or reckless actions, can result in a claim for damages in Mississippi. A serious injury can radically impact one’s health, well-being, and financial situation. Claims for injuries that have had a major effect on one’s life may involve significant sums. But what exactly is the victim entitled to and how are claims calculated? Under Mississippi law, victims may receive compensation for several types of damages: economic, non-economic and punitive damages. Let’s take a closer look at what these are and how damages ...
