Legal Question in Wills and Trusts in Mississippi
Homesteading
If an estate has been closed and there were unsatisfied creditors and we are homesteading, can we never sell the property?
1 Answer from Attorneys
Re: Homesteading
It seems that you inherited the property and there was a probate or administration of an estate that was involved. Probate or administration should have discharged the claims of claimants who were notified of the probate or administration. If you talking about liens recorded in the public records, they will become ineffective by operation of the statutes of limitations. To remove liens, it may become necessary as some point when you wish to have the land ready for sale that you will have to file in chancery court for removal of a "clouding of title." I do not believe the homestead laws for protection from creditors will protect the land from your ancestor's creditors.