Mississippi Estate Planning Blog – Articles – Q&A

What is the difference between a Will and a Living Will? A Will or Last Will and Testament is what you make to show who you want to receive your…

Wills

What is the elective share of the surviving spouse in Mississippi?

My husband’s will give away all our joint property to his son. You can reject (renounce) the property given to you in his will and receive what you would have…

Estate Taxes

What is the Mississippi Estate tax?

None. Mississippi no longer collects estate tax. You are only concerned with Federal Estate Tax.

Trusts

What is the process to create a litigation trust?

Creating a litigation trust involves several steps and may require the assistance of legal professionals. While I can provide you with a general overview, it’s essential to consult with an…

Wills

What is the statue of limitations for probating a last will in Mississippi?

Mississippi does not have a statute of limitations for probating a will.

Wills

What is the time frame for contesting a will in Mississippi?

It depends on the type of probate. If common form probate, 2 years from the date the probate concludes. If solemn form probate when it is final the will cannot…

Power of Attorney

What kinds of legal authority can be granted with a Power of Attorney?

A power of attorney can be used to grant any, or all, of the following legal powers to an agent: Buy, sell, maintain, pay taxes on and mortgage real estate.…

Trusts

What needs to be done when the Grantor of a trust dies in Mississippi?

When a grantor of a trust passes away, several important things can take place. The specific requirements are controlled by Mississippi law and the terms of the trust. Some examples…

Trusts

What protection is available by a revocable ‘living’ trust?

Much has been written recently regarding the use of “living trusts” (also known as a “revocable trust” or “inter vivos trust”) as a solution for a wide variety of problems…

Wills

What reasons are there to change or update a will?

Typical reasons for changing or updating a Will are: (1) You marry or divorce; (2) Birth or adoption of child; (3) Death of a family member or beneficiary; (4) Changes…

Executors, Wills

What role does the personal representative (Executor) play under a will?

Responsibilities of the executor or administrator may include: gathering up and protecting the assets of the estate, obtaining information in regard to all beneficiaries named in the will and any…

Wills

What should I do with his Will after the death of the testator?

The Will can be probated by the person named as executor in the Will so contact that person. If you, then you can probate. If there is no property to…

Executors

What should I keep in mind when I select the executor of my will?

Choosing as an executor is a crucial decision since his or her job can be a thankless one. The executor usually gets the blame if things do not go the…

Insurance

What steps must I take to put in writing for my kids to get monthly payouts from my insurance?

The answer will depend on the terms of the insurance policy involved and the other facts and circumstances in your case. The life insurance policy owner may sometimes designate a…

Trusts

What trust for a Disabled Adult Protects SSI Benefits?

A commonly used trust for a disabled adult to protect Supplemental Security Income (SSI) benefits is a Special Needs Trust (SNT), also known as a Supplemental Needs Trust or a…

No Will

When a widow dies without a will who is in charge of her estate in Mississippi?

When a person passes away without a valid will, it is referred to as dying “intestate.” In such cases, the statutory laws of Mississippi will determine how the estate is…

Guardianship

When should a last will and testament nominate a guardian and what role does a guardian play with respect to minor children?

A Guardian is the person who is responsible for the health, education and welfare of minor children. Technically there is a Guardian of the Person and a Guardian of the…

Wills

When should a will be prepared and signed?

A Will needs to be prepared and properly executed (signed by the testator or testatrix and witnesses) while you still have legal capacity. A testatrix is a legal term referring…

Wills

When should I make a new Will?

Be careful to pay attention about when you should make a new Will. Divorce – Your X could take under your Will in some situations unless your make a new…

Power of Attorney

When should I make a Power of Attorney?

When making your Will you should consider making a Power of Attorney in case something happens to you that makes you incapable of handling your property and finances. The power…

Probate

Where is probate handled?

Probate usually occurs in the Chancery court in Misissippi and county where the deceased permanently resided at the time of his or her death. Such courts go by different names…

Power of Attorney

Where should a power of attorney be kept?

Unless the power of attorney is to be used immediately, the original should always be retained by the principal in a safe place. The agent should be advised that he…

Wills

Where should I keep my will?

Once your will is written, store it in a safe place that is accessible to others after your death. Consider keeping it in a fire proof box that you can purchase…

Wills

Who Can Be Granted a Power of Attorney?

You can appoint anyone although you should only appoint someone who is competent to carry out the powers of the power of attorney and at least 18 years of age.

Trusts

Who can be parties to a trust in Mississippi?

The parties are typically the person making the trust (grantor or settlor), the trustees and the beneficiaries. Mississippi also allows the trust to include a trust advisor and/or protector and…

Executors, Wills

Who cannot server as executor in Mississippi?

In Mississippi, here are some guidelines about who may serve as executor or personal representative of an estate. Minors: Individuals who are under the age of 18 are generally disqualified…

General

Who controls disposition of body of deceased person?

If the decedent left written instructions, those control disposition of the deceased body. In Mississippi, the following can control the disposition of the body of a deceased person if no…

Executors, Probate

Who do I appoint to probate my Will?

The person who probates your Will is called an Executor, Executrix, or Personal Representative. This person is the person who will file your Will with the Court and handle all…

Wills

Who gets 401K’s not included in a Will in Mississippi?

The answer will depend on the language of the will and whether it contains a residuary clause. A residuary clause deals with the remainder, or the “residue” of the estate,…

No Will

Who gets Property if no Will between Spouses

The law in Mississippi where there is no Will between Spouses. “If a husband die intestate and do not leave children or descendants of children, his widow shall be entitled…

Real Estate

Who gets Real Estate not mentioned by Will

If you leave a Will but do not mention real estate you own and there is no co-tenant, Mississippi Law provides the following: “When any person shall die seized of…

Trusts

Who gets the trust property if a beneficiary dies?

Does the assets of a trust pass to the heirs of the beneficiaries after their death in case the trust itself doesnt tell about that? If the trust does not…

Wills

Who Inherits the Property if One of the Heirs in a Will is Deceased?

when my grandmother passed away her will read that her two children were to split everything in half . What happens when one of them children being my mother has…

Probate

Who is responsible for handling the probate process?

The personal representative (sometime also referred to as the executor or executrix if there is a Will, or the administrator or administratix if there is no Will) is appointed as…

Probate

Who may file to probate a will in Mississippi?

Any interested person in the will may file for probate such as executor, beneficiary, trustee or other interested party.

Wills

Who may have access to a probated will of a deceased person?

Generally, once a will is probated, it is public record. In some cases, wills are sealed. How long records are retained varies by court.

Power of Attorney

Who monitors the actions of my Agent?

There is no official or government monitoring of agents acting pursuant to power of attorney. That is the responsibility of the principal. It is therefore important to insist that your…

Estate Planning

Who Needs a Will?

Everyone 18 years of age or older. Most people wait too late and then the family has to deal with things that a Will would have resolved. Examples are provided…

Wills

Who pays estate taxes if I don’t specify that in my Will?

If I make a will in Mississippi and do not specify that the estate pays for all the inheritance taxes? If there are estate taxes owed the estate would generally…

Bank Accounts

Who receives funds in Bank account on death of accound in name or two or more persons?

Mississippi Law § 81-5-63. Deposit in name of two or more persons; payments to successors of deceased depositors without administration; “successor” defined. Section 81-5-63 – Deposit in name of two…

No Will

Who Receives my Property if I die without a Will?

It depends on whether you are married, have children, living parents, brothers and sisters. Let’s start with the married person with children. If you die without a Will your spouse…

Wills

Who will receive property left in a house of the deceased?

If a Will, the people specified, or the people specified in a residuary clause in the Will. If no Will, then it is controlled by the laws of intestate succession. …

Wills

Who would be the heir to the property if no will was left in Mississippi?

In Mississippi, if a person dies without leaving a valid will, their estate is distributed according to the state’s intestate succession laws. The specific rules for intestate succession can vary…

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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