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    Government

    In Legal Terms

    Have you ever wanted to know the definition of a legal term? Do you find yourself wondering what your rights are when it comes to your property, marriage, or health? If you answered yes to one of those questions, In Legal Terms is the show for you. Tune in and learn more about your legal rights and how the law affects your day to day life. The show is set to consistently provide thought-provoking commentary and opinions on legal topics, whether local or national. Court trials, U.S. Supreme Court arguments, hearings, and other timely legal topics are all covered on In Legal Terms.

    In Legal Terms, hosted by attorney Adam Kilgore with some of Mississippi’s top legal leaders and experts as guests, airs Thursday afternoon at 3pm CST on MPB Think Radio and on www.mpbonline.org/. Email the show: legalterms@mpbonline.org Call the show: 1-877-MPB-RING (1-877-672-7464)


    Hosted on Acast. See acast.com/privacy for more information.

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    Copyright: © Mississippi Authority for Educational Television d/b/a Mississippi Public Broadcasting

    • Apple Podcasts
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    Latest Episodes:
    In Legal Terms: Inaccurate Info May 25, 2021
    Show notes

    Do you love a good legal thriller? But just like you shouldn’t get your legal advice from Google, you shouldn’t base your legal knowledge on movies and tv. Sometimes they are so wrong! How wrong? Professor Gershon is going to tell us.


    Great movies - bad legal advice!

    • Body Heat
    • Married in Vegas
    • Daredevil
    • Batman

    https://www.ranker.com/list/legal-drama-tv-shows-and-series/ranker-tv

    https://www.biglawinvestor.com/lawyer-movies/

    https://www.paralegaledu.org/2017/10/5-ways-movies-and-tv-get-the-legal-process-wrong/

    https://alltimelists.com/5-stupid-legal-mistakes-in-movies/

    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: Initiatives Uncontitutional May 18, 2021
    Show notes

    Did anyone see this coming? Surprise! It doesn’t matter whether you wanted medical marijuana or not or you wanted Initiative 65 or the Alternative – Mississippi voters can not at this time pass any initiatives – the process is unconstitutional no matter the subject area. This morning we’re talking about the recent – last Friday – Mississippi Supreme Court ruling that our state’s initiative process is unconstitutional with our guest: attorney Mark Garriga of Butler Snow.


    Mississippi Supreme Court Strikes Down Medical Marijuana and the Initiative Process


    Previously on In Legal Terms:

    • March 23rd, 2021 http://inlegalterms.mpbonline.org/episodes/in-legal-terms-marijuana-in-mississippi
    • October 6th, 2020 http://inlegalterms.mpbonline.org/episodes/in-legal-terms-initiative-65-and-alternative-65a


    Discussion:

    • AG letter
    • reuse petitions
    • don't blame the court
    • previous initiatives
    • statute of limitations
    • it's up to the legislature
    • Governor Tate Reeves
    • Changing the initiative
    • What can people do?


    Contact your representative on Mississippi's legislature that creates your laws: http://www.legislature.ms.gov/

    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: Divorce and Money May 11, 2021
    Show notes

    Divorce is a time that could change your financial status for the rest of your life. What do you need to know about alimony, child support, or who gets the retirement account? Our guest, Medora Justice, Certified Financial Planner, Certified Divorce Financial Analyst and Accredited Investment Fiduciary will speak about financial planning around a Divorce and answer your questions. Ms. Justice works for Hardy Reed. www.HardyReed.com mjustus@hardyreed.com info@hardyreed.com Medora Justuce,


    Financial Terms Glossery website


    Money Talks the show broadcast live Tuesdays at 9am just before In Legal Terms has a podcast about divorce and taxes. Look for the Nov. 7th from 2017


    Calls:

    • Changing a divorce decree
    • Changing your name


    Discussion:

    • Whati is a CDFA
    • Why to use a CDFA
    • Finanical issues in a divorce
    • Lawyer or no lawyer
    • Taxes
    • Retirement planning
    • Social Security




    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: Easements and Roads May 04, 2021
    Show notes

    The land that you take to get to your home. Is that yours? What if you share that path? Does that make it a road? How can you get access to your land and who else could use that method? We’re talking about roads and easements today with our friend, attorney Francis Springer https://www.springerlawoffice.com/about 601-605-5004


    MDOT has free resources to help you deal with traffic. Access what you need to know about road conditions, construction zones, weather and more – even locate welcome centers and rest areas. Their website is mdottraffic.com and there will be a Mississippi Department of Transportation official on Auto Correct Thursday May 6th 2021 at 10am on MPB Think Radio.


    Mississippi Roads – the MPB TV program can be seen over the air or on mpbonline.org Thursdays at 7pm and Sundays at 10:30 am or 5:30 pm. It’s available on MPB TV’s YouTube Channel and on the MS Roads facebook page. The audio of the show has been turned into the podcast: Mile Marker.


    If you like to research laws on your own – consider visiting Justia US Law’s website concerning Title 65 – Highways, Bridges and Ferries Chapter 7 Public Roads and Streets; Private Way.


    Calls:

    • easement
    • easement
    • how to find out who owns land
    • road to his home
    • heir's property easement
    • how to buy land
    • diveway became county road
    • easement not used
    • easement

    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: ADA Encore Apr 27, 2021
    Show notes

    Guest: Pshon Barrett, a former assistant US Attorney, now a private attorney with The ADA Group. Pshon was honored with the 2017 Lifetime Achievement Award by Mississippi Women Lawyers’ Association and is an ambassador with The ABLE National Resource Center


    Discussed:

    • ABLE Center
    • the definition of having a disability with respect to the ADA
    • the American's with Disabilities Act


    Websites mentioned:

    U.S. Department of Justice https://www.ada.gov/

    National Federation of the Blind https://www.nfb.org/

    American Council of the Blind https://www.acb.org/

    Help with Filing a Complaint with the Equal Employment Opportunity Commission https://www.ada.gov/filing_eeoc_complaint.htm

    2020 Census https://2020census.gov/

    Department of Labor Office of Disability Employment Policy Accommodations

    CDC’s Interim Guidance for Businesses and Employers https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

    Mississippi's Online Voter Information Center yallvote.sos.ms.gov



    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: Tax Changes Apr 20, 2021
    Show notes

    What’s up with income taxes for 2020? We’ll talk about how to get them done, what’s new, and what do you think is fair.


    Federal and Mississippi Income Taxes due date and file date is now May 17th, 2021.


    Where can you find someone to help you do your taxes?

    • https://southernpartners.org/vita/ Southern Bank Corp banks: Curbside service is available Tuesdays & Thursdays, 9AM – 4PM. Call your local branch for details on contactless (email) tax preparation. Here’s a list of cities with Southern Bankcorp branches: Clarksdale, Drew, Greenville, Hattiesburg, Madison, Picayune, Ruleville, Shelby
    • Mercy Housing Development in Gulfport
    • Entergy, has some locations where they will help you file your taxes: https://eitclocations.com/ - these are in Clarksdale and Shelby
    • The United Way also offer VITA. Call the organization that serves your area.
    • If you or a friend has access to a computer: https://www.irs.gov/individuals/find-a-location-for-free-tax-prep


    Families in the U.S. and territories qualify for the newly expanded CTC. Joint filers making up to $150,000, single head of households making up to $112,500, and other single filers making up to $75,000 qualify for the full advanced periodic payment of the CTC. In a very positive change from the current law, the expansion of the Child Tax Credit in the American Rescue Plan means that you do not have to be employed to receive the benefit; even families who have no income at all will be eligible.


    If you are unmarried and earn less than $112,500 per year or are married and your household income is less than $150,000 per year, you will receive $3,600 per child under six years old and $3,000 per child age six to 17. Estimates project that families will receive about $300 per child for children under six, and $250 per child between ages six and 17, for each periodic payment.


    So, for example, if you have one child, aged seven, you will receive $3,000 over the course of a year, or $250 per month.

    The cash benefit begins to reduce by $50 for every additional $1,000 of income earned. Higher-income families who previously qualified are still eligible for the $2,000 per child benefit for individuals making up to $200,000 and joint filers making up to $400,000. Meaning, they will not receive less than what they previously did under current law.


    Tax Changes that are proposed for the current congress:

    • The top individual federal income tax rate would rise from 37% to the pre-Trump rate of 39.6%.
    • The corporate rate would rise from 21% to 28%; a 15% alternative minimum tax would apply to corporate book income of $100 million and higher.
    • Individuals earning $400,000 or more would pay additional payroll taxes.
    • The maximum Child and Dependent Tax Credit would rise from $3,000 to $8,000 ($16,000 for more than one dependent).
    • Tax relief would be offered for student debt forgiveness and the first-time homebuyers’ credit would be restored.
    • The estate tax exemption would drop by about 50%.



    File your taxes for free: https://www.irs.gov/filing/free-file-do-your-federal-taxes-for-free

    Income $72,000 and below:

    • Free federal tax filing on an IRS partner site
    • State tax filing (free with some offers)
    • Guided preparation – simply answer questions
    • Online service does all the math


    Income above $72,000:

    • Free electronic forms you fill out and file yourself
    • No state tax filing
    • You should know how to prepare paper forms
    • Basic calculations with limited guidance



    The most popular software makers are Turbo Tax, H&R Block, TaxAct and TaxSlayer. They each have a free version, a Deluxe or Classis version, a Premier, and a Self-Employed version.

    https://www.cnet.com/personal-finance/taxes/best-tax-software/

    https://www.nerdwallet.com/article/taxes/best-tax-software




    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: Executor Apr 13, 2021
    Show notes

    What do you do when some dies? What does an executor do? That’s today’s topic with guest Rick Courtney from Courtney Elder Law Associates. https://elderlawms.com/


    You can find his podcasts on the following dates: October 27th 2020, July 2nd 2019, and May 14th 2019


    If you find someone has died - call the police or sheriff, or their doctor.


    Thank you to Elder Law Associates for this checklist.

    CHECKLIST THINGS TO DO WHEN A PERSON DIES

    • Notify immediate family and close friends
    • Evaluate the emotional impact on the surviving spouse, children and close relatives and friends; arrange for support
    • Deal with donation of bodily organs to an "organ bank." as appropriate
    • Arrange care for dependents, if any
    • Notify attending physician or coroner
    • Arrange care for pets, if any
    • Evaluate the need for security at Decedent's residence
    • Cancel or rearrange home deliveries?
    • Have Post Office hold mail?
    • Find perishable property (food, plants, etc.), arrange for care or disposal
    • Find and review Decedent's expressed funeral and burial wishes
    • Notify agent under any power of attorney
    • Prepare and arrange for obituary
    • Arrange for mortuary, cemetery, burial, cremation, as appropriate
    • Arrange funeral/burial services
    • Notify other members of family and friends
    • Keep records of all payments for funeral and other expenses
    • Locate safe deposit box(es); follow safe deposit box procedures (see page 2)
    • Locate wills, codicils, trusts
    • Locate life insurance policies
    • Locate other important documents, relationships, accounts, investments, etc.
    • Advise Social Security, Medi-Cal, other agencies as appropriate
    • Investigate social security benefits
    • Investigate life insurance
    • Investigate union death benefits
    • Investigate veterans burial allowance and other benefits
    • Investigate fraternal organizations
    • Investigate employee benefits, including accrued vacation pay, death benefits, final wages, retirement plans, deferred compensation, medical reimbursements,
    • Investigate refunds on insurance or canceled subscriptions
    • Investigate Keogh and IRA accounts
    • Investigate business, partnership and investment arrangements
    • Retain and meet with attorney regarding estate matters
    • Retain and meet with CPA as to tax and accounting matters
    • Meet with life insurance agent to collect proceeds or consider options
    • Obtain death certificates (ask attorney how many are needed)
    • Deal with fire, theft, liability and auto insurance on Decedent's property
    • Work with attorney and CPA to prepare inventory, list of accounts and list of debts
    • Review credit cards and charge accounts, cancel as appropriate
    • DO NOT pay any of Decedent's debts until attorney discusses with family or executor
    • Obtain valuations of assets, as appropriate
    • If Trust involved, arrange for any allocations and transfers
    • Arrange for final income tax return and estate tax return, as necessary



    Safe Deposit Box Access Procedures

    Suggestion: If there is any danger of a will or trust contest, or a conflict between executor, trustee, family or beneficiaries, DO NOT go to safe deposit box without the involvement of an attorney experienced with estate administration.

    Owner(s) Deceased: California Probate Code§ 331 authorizes a person who has the key to a safe deposit box of a deceased person to have access to the box, even before any action has been taken with the probate court. The financial institution shall first obtain proof of the decedents death and reasonable proof of the identity of the person seeking access. The person may then:

    1. open the box (under the supervision of an officer or employee of the financial institution),

    2. make an inventory of the contents,

    3. remove instructions for disposition of the decedent's remains, and

    4. after copies have been made and placed in the box, remove wills and trust instruments.

    Except for the disposition instructions, wills and trust instruments, no other contents shall be removed under these provisions. The person shall deliver all wills found in the box to the clerk of the superior court, and mail or deliver a copy to the person named as executor.

    Surviving Co-Owner(s): Surviving Co-Owners have the right to access, as provided in their agreements with the financial institution. When accessing a safe deposit box after the death of a co-owner:

    1. At least two people should be present at the first opening, and should make an inventory of the contents in detail on letter size paper, with both persons signing and dating the paper.

    2. After copies have been made and placed in the box, remove documents as needed.



    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: PETA Apr 06, 2021
    Show notes

    It’s been 12 months, but did you watch Tiger King on Netflix? We’re going to talk about Animal Rights and Captive Animal Law Enforcement with Brittany Peet, PETA Foundation’s Deputy General Counsel for Captive Animal Law Enforcement from PETA – People for the Ethical Treatment of Animals.

    https://www.linkedin.com/in/brittany-peet-84763b1b/

    https://www.peta.org/




    Calls:

    • book suggestion: A Traitor to His Species: Henry Bergh and the Birth of the Animal Rights Movement by Ernest Freeberg
    • owning a deer in Mississippi?
    • Zoos that meet Global Federation of Animal Sanctuary standards or Association of Zoos and Aquariums
    • can't own a while tailed deer but can own a red in MS
    • PETA rescue practices https://www.peta.org/about-peta/learn-about-peta/helping-animals-in-hampton-roads/
    • email about chaining dogs


    Discussed:

    • what is a captive animal
    • Tiger King series
    • Animal Welfare Act
    • Endangered Speicies act
    • Iditarod



    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: MVLP Mar 30, 2021
    Show notes

    We’re pleased to have representatives from Mississippi Volunteer Lawyers Project on the show today. They’ll tell us about expungements and foreclosure prevention their work with family law matters and how they have shifted to virtual clinics in light of the pandemic.


    https://mvlp.org/

    https://mvlp.org/clinics

    October 29 8:30 a.m. - 12:30 p.m. Stabilizing the Economy: Expungement Clinic Topics: Felony Expungement and Misdemeanor Expungement


    Helping low-income individuals solve legal problems https://www.mslegalservices.org/


    https://ms.freelegalanswers.org/ See if you qualify. Ask a question. Check your email. Log back in.


    Homes facing foreclosure? https://www.mshomesaver.com/ If you previously received assistance from Homesaver, you are not eligible for assistance again. If you previously applied but never received assistance, you must log back in under your previous application with your username and password. The system will not let you begin a new application.

    Beginning September 1, 2020, if you need assistance with your mortgage payments, please visit the link below to find a HUD-approved housing counselor who can assist you with your foreclosure prevention needs. https://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate=MS


    Ms Sanders was previously a guest on In Legal Terms to tell us about the work of the MVLP on September 24th 2019 and on October 24th, 2017.

    Hosted on Acast. See acast.com/privacy for more information.


    In Legal Terms: Marijuana in Mississippi Mar 23, 2021
    Show notes

    Mississippians overwhelmingly passed Initiative 65 to enable medical marijuana. What’s next? Why is the legislature working on legislation about it now? We'll learn from guest Mark Garriga, an attorney with Butler Snow. https://www.butlersnow.com/attorney/mark-garriga/


    Our discussion touched on why the legislautre is involved in the issue, why the MS Supreme Court is involved, how the medical marijuana issue brough together so many different voters.

    Hosted on Acast. See acast.com/privacy for more information.


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