Mississippi Estate Planning Blog – Articles

A Mississippi Uniform Trust Code Guide

The Mississippi Uniform Trust Code, contains provisions addressing, General Provisions and Definitions, Judicial Proceedings, representation, Creation, validity, modification, and termination of trust, Creditor’s Claims; Spendthrift and Discretionary Trusts, Revocable Trusts,…

Trusts

A Qualified Disposition Trust that can protect property form Creditors in Mississippi

If you follow the procedures and create an irrevocable trust you can protect certain property from creditors in Mississippi but you must not create the trust with the specific purpose…

Wills

Accident causing death of Husband and Wife by Son.

If you cause then accidential death of your Parents it does not prohibit you from inheriting from them. Under last Will laws of Mississippi, if you are not named in…

Trusts

Agent designated in power of attorney creating trust

A trust may be created by an agent (attorney-in-fact) of a power of attorney under the following circumstances: Where the power of attorney expressly grants authority to create the trust;…

Aging Parents, Articles

Aging Parents Article

Aging Parents Caring for an Aging Parent: Caregiving can begin as a result of a series of unsettling mishaps and warning signs that indicate a need for long term senior care.…

Power of Attorney

Am I required to file a Power of Attorney in a government office?

Usually, powers of attorney do not need to be recorded. However, powers of attorney dealing with the sale and purchase of real estate must be recorded in the county real…

Trusts

Amendment, Revoking and adding property to Revocable Trust by Maker or Agent

The maker of a revocable trust may amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust by the…

Probate

Annual Accounting by Executor or Administrator

An anual accounting is filed with the court by an executor or administrator showning receipts, expenses and other information in administration of the estate. A Will may waive the requirement…

Executors

Appointment of Court Administrator or Sheriff to administer estate

In some situations, the court may appoint the court administrator or sheriff to administer the estate in Mississippi.

Trusts

Approval or Disapproval of proposed modification, termination, combination or division of trust

A trustee is not require to petition for approval or disapproval of a modification or termination or division or combination of a trust, but may do so. A beneficiary may…

Wills

Are Expenses of Administration a Debt of the Estate?

A clause in my downloaded will states that all debts will be paid from the residuary estate. Do debts include ‘expenses’, i.e. expenses of administration? Expenses of administration are considered…

Wills

Are life insurance benefits considered part of a decedent’s estate?

I have 2 life insurance policies. One is a personal policy with a death benefit of approximately $160,000. The second is a policy where I work that carries a death…

Wills

As a beneficiary, how can I see a copy of the will in Mississippi?

Typically, during the probate process, the will becomes a matter of public record. This means that interested parties, including named beneficiaries, may be able to access and obtain a copy…

Creditor Claims, Wills

As executor, how do I handle creditors in Mississippi?

In Mississippi, you are required to make a reasonable effort to identify the creditors and send them a notice to file their claim in the probate proceeding within 90 days…

Trusts

As trustee, can I refinance property held in trust?

It’s important to note that the specific steps may vary depending on the type of trust and the requirements of the lender. Here’s a general outline of the process: Review…

Wills

At what age can you make a Will in MS

Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, to make a will in Mississippi.

Living Wills

At what point is a person removed from life support when no living will is present?

Without a living will, the removal of life support is typically a matter of medical judgment that the chance of a recovery is remote. There is no hard and fast…

Estate Planning

Bank Accounts and your Estate

Bank account funds will be in your estate unless there is a joint owner or POD (pay on death) person designated by you. You need to make sure there is…

Bank Accounts, Probate, Wills

Bank will not release certificate of deposit to estate without probate.

The bank holding my deceased mother’s certificate of deposit and will not distribute the funds to her estate without her will being probated. Can the bank require my family to…

Wills

Can a 17 year old make a Will in Mississippi?

I live in Mississippi. I am 17 and graduated high school early. I work full time and live with my parents. My Grandfather left me some money when you died…

Power of Attorney

Can A Bank Refuse to Accept a Power of Attorney?

The bank should generally not refuse to accept a power of attorney if it is valid on its’ face but see information below. The organization the agent is dealing with…

Wills

Can a Creditor be a Witness to your Will

Yes, as long as you don’t provide for the creditor in your Will and the creditor is not otherwise disqualified to be a Witness. Mississippi law provides: “Any creditor shall…

Guardianship

Can a joint guardianship order be enforced if there is no blood relationship there and the child does not want to go?

Can a joint guardianship order be enforced if there is no blood relationship there and the child does not want to go? Yes, a court order carries the power of…

Wills

Can a minor make a will and leave things to someone other than his parents?

In Mississippi if you are 18 years of age or older you can make a will and leave your property to whom you like. However, if you are married your…

Wills

Can a parent disinherit a child?

Generally Yes. To do so, it is advisable to specifically say in the Will that the omission is intentional. Often Wills have language along these lines: “I have previously taken…

Trusts

Can a person leave property in their Will to a revocable trust in Florida?

My Father made a revocable trust in 1999 and later made a Will. In his Will it states that the farm goes to the trust to be handed in accordance…

Wills

Can a son be held liable for his mother’s debt when she passes if she has no insurance or estate?

In general, children are not responsible for their parents’ debts unless they have co-signed or guaranteed those debts.

Wills

Can a spouse inherit property her husband was left to him by his grandparents in Mississippi?

In general, if your husband passed away without a will (intestate), the laws of intestate succession would come into effect. These laws determine how an estate is distributed when there…

Wills

Can a spouse revoke a will made prior to divorce that included his ex-wife?

I met my husband after two months of his divorce from his ex-wife. We have one son from our marriage and live in Maryland. My husband made a will before…

Wills

Can a stepchild inherit from stepfather in Mississippi?

No. There are no rights of step children to inherit unless left property in a Will of stepfather.

Wills

Can a stepchild inherit from stepparent in Mississippi?

If the stepparent names you in a Will, Trust or to receive property outside probate, such as a bank account where you are named as a POD (Pay on Death)…

Wills

Can a surviving spouse claim a share in the properties of her deceased husband in Washington?

Yes, she can claim and she will receive an amount equal in value to that which she would have received if her husband had died intestate. This would be true…

Wills

Can a surviving spouse claim an elective share in Mississippi?

Yes. there are laws to protect a surviving spouse in Mississippi and cannot be left out of the Will of her or his spouse. If there is a separate estate…

Wills

Can a surviving spouse waive share of estate in Mississippi?

Yes. A spouse can disclaim what her spouse left her and disclaim what she would have received if she reounced what she was to receive in her spouses Will. This…

Homestead, Real Estate

Can a Transfer on Death deed be used in Mississippi to defeat homestead and right to renounce rights in Mississippi?

The answer is generally no. A TOD deed cannot be used as a means to defeat other legal rights or claims, such as homestead rights or rights to renounce of…

Trusts

Can a Trustee Pay the Mortgage on Trust Property?

Does a beneficiary who received a devise of real property under a trust, have any right to have the mortgage attached to the real property paid from the trust assets–whether…

Trusts

Can a Trustee resign from acting as trustee of a trust?

Yes. In Mississippi, a trustee may resign after giving thirty days notice to the beneficiaries, maker of the trust (if alive) and all co-trustees, if any. The trustee may also…

Wills

Can a witness to a Will be a named beneficiary in Mississippi?

Generally no. Property left to a witness to a Will is void. An exception exists if the beneficary is entitled to something from the deceased under the laws of intestate…

Wills

Can an 18 year old make a will in Mississippi?

A Will can be made in Mississippi by a person 18 years of agee or older.

Wills

Can an Adopted Child Inherit the Share of a Deceased Heir?

The answer will depend on the language of the will. Adopted children generally have the same right to inherit from the adoptive parent as a biological child, regardless of notice…

Wills

Can An Ex-Spouse Receive Life Insurance Policy Benefits if Disinherited in the Will?

A life insurance policy is typically a transfer on death asset that passes outside the probate estate that is governed by the will. As a transfer on death asset, it…

Power of Attorney

Can an Incapacitated Person Sign A Valid Contract During a Lucid Moment?

If the person can be declared competent at then time of the execution, yes. But proof would need to be made, such as doctor examination.

Wills

Can I amend my Will with a Codicil in Mississippi?

Yes, a codicil can be used to amend your Will in Mississippi. A codicil is a written supplement to a person’s will, which must be dated, signed and witnessed under…

Executors, Wills

Can I appoint more than one executor in my Will in Mississippi?

Yes, in Mississippi, a will can have two or more executors. In fact, it is quite common for a person to name more than one executor in their will. The…

Power of Attorney

Can I appoint two agents in a power of attorney?

Yes, in Mississippi you can appoint one or more agents. You can specify if they are to act jointly or separately. If you do appoint multiple agents, it is best…

All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law. If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content.

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