Mississippi Estate Planning Blog – Articles – Q&A

Can I be Named Executor, Trustee and Beneficiary in a Will?

Yes, one person may be executor, trustee, and beneficiary in a will. It is similar to the way roles may be shared under a trust agreement, where the same person…

Trusts

Can I create a pet trust in Mississippi?

To create a trust for your pet in Mississippi, you can follow these general steps: Consult with an attorney: It’s advisable to consult with an experienced estate planning attorney in…

Wills

Can I disclaim an interest in a property in Mississippi?

I was left property 5 years ago when I was minor and am now 20 years old. I don’t want the property and want to disclaim it. Can I still…

Wills

Can I disclaim property in Misssissippi

Yes. Just follow the disclaimer laws in Mississippi. Contact me.

Wills

Can I disinherit my spouse?

Not completely, unless you and your spouse have waived the right to be included in the other’s estate in a prenuptial or postnuptial agreement. Each state has laws that shield…

Wills

Can I get a copy of a Will I am named in?

If the maker of the Will has died and a Probate proceeding opened, the Will is public record and you can see it at the clerks office. Chancery Clerk of…

Wills

Can I get estate reopended if a copy of a will to be executed was found at attorneys office in Mississippi to be executed?

In Mississippi, like in many other jurisdictions, the validity and execution of a will are governed by specific laws. Generally, for a will to be considered valid, it needs to…

General, Health Care

Can I get the medical records of my deceased Father in Mississippi?

Yes. The following law applies in Mississippi. Universal Citation: MS Code § 41-10-3 (2019) (1) The following words and phrases shall have the meanings ascribed in this section unless the context…

Wills

Can I inherit from my biological father’s estate if I was adopted?

No. Your rights were terminated when you were adopted in Mississippi.

Wills

Can I initial changes I want to make in my Will?

No. A Will or amendment (codicil) must meet the requirements of Mississippi law and there has to be two witnesses and other requirements.

Wills

Can I leave a child out of my Will?

Yes. In Mississippi you are not required to leave assets to children. It is best to mention the child you want to disinherit and instead leave them a small amount…

Wills

Can I leave everything to one of my children and not the others?

Yes. It is legal in Mississippi to leave all your property to one child. If a child is a minor different rules apply as to support of the minor child…

Wills

Can I leave my home to my church and not my spouse or children?

You don’t have to leave it to your children. You can decide not leave home to your spouse in your will, but a spouse has a right to renounce a…

Trusts, Wills

Can I leave property in my Will that is already in a Trust?

No. The property would be controlled by the terms of the trust and if you try to leave it in your Will it will have no effect.

Wills

Can I name a person not a family member in my Will as executor?

Any legal adult may execute a last will and testament in Mississippi and appoint any other legally competent adult, or even a Bank, as executor whether or not a family…

Executors, Wills

Can I name two executors in Mississippi?

Yes! If you’re referring to naming executors in a last will and testament or a legal document, you can certainly name two executors in Mississippi. An executor, also known as…

Wills

Can I probate a Copy of a Will where original cannot be found in Mississippi?

It is possible to probate a copy of a Will provided you meet the requirements of law regarding same. Those requirements include that the original Will was not destroyed by…

Trusts

Can I put my home in an irrevocable trust to protect it from Medicaid?

if cash money is paid into escrow from a settlement , instructions being to wire the money at my direction, and I direct the cash into an irrevocable trust account,,…

Trusts

Can I put my home in trust to protect it from the lender?

No. Lender’s on homes have a security interest and do not lose the right to be paid.

Wills

Can I receive my deceased husband’s pension?

Whether you are entitled to any portion of your deceased husband’s pension depends on various factors, including the specific pension plan, the terms of any beneficiary designation, and applicable laws…

Power of Attorney

Can I resign as Power of Attorney for my mother?

An agent may refuse to act on behalf of the principal for any reason. If you are an agent, you can end the power of attorney by resigning in writing.…

Living Trust, Trusts

Can I revoke a Trust in Mississippi?

You cannot revoke or change a irrevocable Trust. A trust can provide that is revocable or irrevocable. There are advantages and disadvantages for both. Some important advantages deal with whether…

Wills

Can I still act under a power of attorney if the person appointing me died?

No. It becomes invalid the moment the person dies. You will need to probate a Will if there is one and probate is needed, or if a trust use the…

Living Wills

Can I Use A Health Care Power of Attorney to Take Out a Loan?

A health care power of attorney generally authorizes an agent to make health care decisions for the incapacitated person. It is limited in scope to health care decisions. A general…

Power of Attorney

Can my brother force me into giving power of attorney to him?

If you are the agent under the Power of Attorney your Brother cannot make you give him the power (agent), unless you consent, the principal consents (and if competent to…

Exempt Property, Wills

Can my father leave me his home if he is married when he dies?

In Mississippi, a surviving spouse has homestead survivorship rights that could affect the distribution of a deceased spouse’s property, including their home. Mississippi recognizes the concept of a homestead exemption,…

Wills

Can my husband and I make provisions in our will now for our unborn child?

My husband and I are expecting our first child in early March. We are working on our will now. Can we go ahead and include her in it with guardian…

Wills

Can my husband and I write our own last will and testament in Mississippi to cover property in the state of Florida?

In Mississippi, every person eighteen years of age or over, of sound mind and memory, may by will dispose of real and personal property. Every estate in property, real, personal…

Wills

Can my unsound brother make a will and transfer his property to me in Mississippi?

My brother is mentally challenged and lives with me. I have been taking care of my brother. There are a couple of properties in my brother’s name and I manage…

Power of Attorney, Wills

Can the agent and executor witness a Power of Attorney and Will?

You also stated you are a Son of the person to make the power of attorney and Will. The answer is no in regard to the Will and Power of…

Power of Attorney

Can the attorney-in-fact of a power of attorney resign?

A power of attorney is simply an agency relationship based on an agreement authorizing one person, the agent, to act for another, the principal. An agent or attorney-in-fact may resign…

Guardianship

Can the guardian change the life insurance beneficiaries after they recieve guardianship?

Can the guardian change the life insurance beneficiaries after they recieve guardianship? It is possible for a legal guardian or conservator of the estate to sign a Beneficiary Designation form…

Wills

Can the Same Person be Named Executor, Trustee, and Beneficiary in a Will?

Yes, one person may be executor, trustee, and beneficiary in a will. One person can often also serve as two of the three people in a trust agreement. That is,…

Trusts

Can we amend a trust that has errors in it and make corrections with white out?

We have a revocable living trust prepared by an attorney, for my father. one of the beneficiaries names has been corrected to the correct spelling with white out and ink…

Estate Planning

Children and Personal Planning

School – Driving – Dating – Criminal Activity – Emanicipation – Divorce – Marriage –

Trusts

Combination and Division of Trusts in Mississippi

The law in Mississippi allows a Trustee to combine or divide trusts. § 91-8-417. Combination and division of trusts. (a) After notice to the qualified beneficiaries, a trustee may combine two…

Trusts

Compensation of trustee, trust advisor and trust protector

In Mississippi the trust terms may address compensation of the trustee and if appointed, the trust advisor and trust protector. If the trust terms do not address compensation the maker,…

Trusts

Contesting the validity of Revocable Trust after death of the maker of the Trust

A person may commence a judicial proceeding to contest the validity of all or part of the terms of a trust that was revocable at the settlor’s death within the…

Estate Planning, Wills

Cost of Estate Planning

Clearly the cost of estate planning varies among attorneys based on time involved, whether estate taxes are involved and other factors. In a good number of situations, the quality of…

Trusts

Cotrustees

A trustee may delegate to a cotrustee the performance of a function other than a function that the terms of the trust instrument expressly require the trustees to perform jointly.…

Trusts

Creation of an Oral Trust

Except for real property, a trust may be oral if it can be proved by that the creation and terms are proven by clear and convincing evidence.nt to the contrary.

Creditor Claims, Estate Assets

Creditor of Estate may petition to sale estate assets to pay debt

A creditor may file a petition to sale personal property or land of the estate to pay the debt and the court may order the sale subject to abatement provisions…

Creditor Claims

Creditors of a Probate or Administration Estate in Mississippi

An administrator or executor must attempt to identify creditors and persons having claims against an estate. Reasonable diligent efforts must be applied to do so. Then, a notice must be…

Trusts

Creditors of Beneficiaries of Trust have no rights against the trust

(a) A creditor or assignee of a beneficiary does not have the power to reach an interest of a beneficiary or any other person who holds an unconditional or conditional…

Creditor Claims, Estate Assets

Credors Rights where no estate open in 3 years from death of decedent

If there is no administration filed within three (3) years of the death of the decedent creditors have certain rights. The creditors can file for a lien within 3 years…

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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