FINDING WHAT YOU’RE LOOKING FOR

June 27, 2010 § Leave a comment

You don’t have to scroll back through all the posts to find the one you’re looking for.  Click on the “Topics of Conversation” button below on the right and a list of subjects will drop down.  For example, to find that post that sets out what you need to include in a child support provision in a PSA, click on child support and it should appear in a list of other posts on the same subject.

BONDS IN ESTATES

June 22, 2010 § 2 Comments

[This information comes from the outline of a presentation made by Bob Williford to the Chancery Judges Spring Conference earlier this year.  Used with  his permission.]

Intestate Estates:

  • the Administrator is required to give a bond equal to the value of all of the personal estate.  § 91-7-67, MCA. 
  • Bond may be waived or reduced if (1) Administrator is the sole heir, or (2) all of the heirs are competent and agree in their sworn petition to waive or reduce bond, BUT
  • The court may nonetheless require a bond to protect the creditors if the court deems it necessary to protect their interests.  Smith by and through Young v. Estate of King, 501 So.2d 1120 (Miss. 1987).
  • At any time that the court deems the bond inadequate, the court may require the Administrator to give a new bond.  § 91-7-315, MCA.

Testate Estates:

  • The Executor is required to give bond in an amount equal to the full value of the estate.  § 91-7-41, MCA.
  • Executor who is also a residuary legatee may give bond conditioned to pay all debts and legacies of the testator within one year.  § 91-7-43, MCA.
  • If the testator in the will directs that the Executor not be required to give bond, then none is required unless the court or the clerk has a reason to require a bond.  § 91-7-45, MCA. 
  • Any creditor may petition the court to require the Executor to give a bond if the creditor believes that his or her claim is jeopardized due to bad management of the estate.  § 91-7-45, MCA. 
  • State or national banks domiciled in Mississippi are not required to give bond unless directed by the Will.  The court has discretion to waive the bond notwithstanding that the Will directs it.  § 81-5-35, MCA. 

DISTRICT 12 LAW FIRM LINKS

June 20, 2010 § 6 Comments

Among the links on the right side of the page, you will see several for District 12 law firms.  I am limiting the listings to law firms physically located in Lauderdale and Clarke Counties. 

If your firm isn’t listed and you have a web site or blog, let me know, and I will add you to the list.

HAPPY FATHER’S DAY

June 20, 2010 § Leave a comment

Happy Father’s Day to all, but especially to all who manage to be good fathers and lawyers at the same time. My hat is off to you.

NOTORIETY IN THE BLOGOSPHERE

June 19, 2010 § Leave a comment

It surprised me to see that on the first day I publicized this blog, I had 144 views, and the next day 283!  And that was even before I had let more than a couple of lawyers know it existed.

The answer is that when I commented on Philip Thomas’ amusing article on dressing for court (“HIGH WATERS” AND BURLAP SUITS), other bloggers picked it up and spread the word.

We were mentioned in NMissCommentor, Thus Blogged Anderson, Dr. X’s Free Associations, and The Mississippi Family Law Blog, and the views flooded in.  There may be others, but those are the ones I am aware of.  This internet is truly amazing.  It affirms my belief that it’s a great medium to disseminate information.  I hope all of the attorneys in D12 take advantage of this blog and contribute to it.  And I hope that it helps those from out of district who do business in our court.

I mentioned NMissCommentor above.  It’s the blog of Tom Freeland, a lawyer in Oxford whose posts I started reading and became addicted to during the Scruggs scandal.  I read his blog every day and commend it to you as a great source of info about the law in general and Mississippi litigation in particular, as well as his interests, including Mississippi blues, local food, cooking, humor and esoterica.

I’ll be adding more suggested links to the panel on the right as soon as I get around to it.

HEAR YE, HEAR YE …

June 14, 2010 § 2 Comments

So much in Chancery Court practice depends on the preferences and predilections of the judge.  Chancellors are vested with broad discretion.  Thus the old saw that, “A good lawyer knows the law; a great lawyer knows the judge.”  Translation = A good lawyer knows what the law provides; a great lawyer knows and plans for how the judge will apply it.

I hope that this blog will give you an insight into some of my preferences and predilections about practice in Chancery Court in the 12th District.  Every day I have the opportunity to discuss case management and procedure with attorneys.  This blog will be a means to make those kinds of communications available to all attorneys and others who have an interest in practice in the Chancery Court.  I will also share thoughts about appellate decisions and points of law, insights from the judge’s perspective about effective and ineffective trial practice, handling probate matters, and even humor and philosophy.

I hope for a dialogue with the lawyers.  All who are in good standing with the Mississippi Bar are welcome and encouraged to comment on and respond to posts.  All comments will be moderated, and only civil, relevant posts by lawyers will be approved.  There is no reward for posting your comments here, nor is there any punishment.  The decision whether to participate is up to you.  As we say in my church: “All may, none must, some should.” 

It is my goal for practitioners to find here always a source of useful, helpful information.  Enjoy.

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