Holographic Codicil

 Today, the Mississippi Court of Appeals handed down In re Estate of Obert located here.  This is the first case I am aware of discussing holographic codicils to a will.    The Court found that a handwritten note signed by the deceased acted as a cancellation of a debt that was due.   As such, might be worth have clients search the deceased home at times.  

Quirky Issue in the Mississippi Wrongful Death Statute

Typically, creditors of the deceased are not entitled to wrongful death proceeds in Mississippi.   However, Mississippi Code   11-7-13 has a quirky provision.  

 “Any amount, but only such an amount, as may be recovered for property damage, funeral, medical or other related expenses shall be subject only to the payment of the debts or liabilities of the deceased for property damages, funeral, medical or other related expenses. All other damages recovered under the provisions of this section shall not be subject to the payment of the debts or liabilities of the deceased, except as hereinafter provided, and such damages shall be distributed”

My reading is that any money designed for property damage, funeral, medical or other related expenses are subject to creditors.    Additionally what are "other related expenses"?    One can argue is is only expenses related to funeral or medical expenses or maybe that they are truly other expenses related to the death outside of pain and suffering.   

Food for thought. 

Employment Contracts and Minors

 On Thursday, the Mississippi Supreme Court decided Watercolor Salon, LLC v. Nealie Hixon located here.  Here, the Court found that the exceptions allowing minors age eighteen to twenty to enter into contracts for certain personal property did not apply to a noncompete agreement.  This was a very close case with four judges dissenting.    

Child Testimony in Custody Cases

 The Mississippi Supreme Court decided Denham vs. Denham on Thursday located here.  The Court reversed a custody case because the trial court excluded the testimony of the minor children.   The Court did an extremely detailed analysis of what is required for testimony of minor children to be admitted that is worth filing away.    

App of Interest

 Recently, I found a helpful app.    Google Lens is a free app that translates typed documents in other languages to English using your phone's camera.    It is useful if you are trying to go over documents that are in another language.   It is also useful if you happen to have a book in another language you are interested in.  

Divorce Planning

 I just wanted to throw this out there.    If someone is going through a divorce, the case should be approached from a divorce planning perspective.  What that means is how are the client's expenses going to change after the divorce is complete.    It is a whole new situation for both parties with income, new expenses, new living arrangements, etc.    This can make a huge difference in how a case for either side is portrayed by the trial court.

Cash Bonds vs. Bail Bonds in Mississippi

In Mississippi, you have the option to post a cash bond to get out of jail.   This means you will have to post the entire amount of the bond to the court. This means that if your bail is $10,000 then you pay the court, $10,000. If you (or the defendant you signed for) goes to all court appearances and abides by the rules the judge sets forth while on bail (no drinking, drugs, committing more crimes etc), then the full amount is returned. The pros of posting the entire cash bond is that you will get all your money back after trial. The cons is that you will have to wait months, maybe even a year or more to get your money back if the trial drags on.

If you cannot afford a cash bond, you may have to do a bail bond.  In Mississippi, the Department of Insurance regulates the bail bond premium at 10% of the bond or $100 whichever is greater. But, if the defendant lives outside the state or the felony is deemed to be serious (murder, rape,) then the premium is $15% plus a $50 processing fee.  The fees are set by Mississippi Code 83-39-25.