Wednesday, July 30, 2014

Random Legal Issue

Was taking a look at a legal issue on a matter and thought this might help someone.  There is a ton of farm litigation in various forms in Mississippi.  What happens to the unharvested crop when a party dies?  It appears to be an estate asset by statute based on my reading of the below.

§ 91-7-169.
Growing crop
 The court or chancellor may, on the application of an executor or administrator, decree the sale of the crop growing at the time of the death of the testator or intestate, upon such terms and in such manner as may be deemed best. If the interest of the estate would be promoted by the cultivation and completion of the crop, on application therefor by the executor or administrator, it shall be so ordered by the court or chancellor; and in such case the executor or administrator shall take charge of the farm and manage the same until the crop be completed and gathered, retaining for that purpose so much of the property thereon as may be necessary. The proceeds shall be assets in his hands, the necessary expenses being first deducted; and, in either case, the executor or administrator shall render a true account of the crop. In case of the sale of the growing crop, the purchaser thereof may at all reasonable times enter upon the lands to cultivate and gather the same.

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