Death Article
Death Death is defined as the ending of life or the total and permanent cessation of all vital functions of the body including the heartbeat, brain activity (including the brain stem),…
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Decedent left spouse and 3 toddlers; toddlers are life-insurance beneficiaries.
My ex-husband died and left our 3 toddlers as his life insurance beneficiaries. Is there a way for me, the mother to gain control of this money? Guardian of estates…
Disbursement Notice to Beneficiaries by the Trustee after the Trust Terminates
When the trust terminates in total or partially, the trustee may send to the beneficiaries a proposal for distribution. Beneficiaries right to object to the distribution terminates if the beneficiary…
Discretionary Powers of Trustees in Mississippi
A trustee has powers established by the trust terms, the laws of the state of Mississippi and other powers. Powers can be discretionary or mandatory, depending on the specific terms…
Distributions from Trust for support, mandatory and remainder interest
Although a beneficiary of a support interest has enforceable rights, those rights do not raise the beneficiary’s support interest to the level of a property interest. Therefore, no creditor or…
Do adopted children inherit in Mississippi if not named in Will of a non-adopting parent?
My grand aunt passed away recently leaving a will in which she has given equal shares of her property to all her grand nieces and nephews. She had no child…
Do all power-of-attorney documents expire upon the death of the grantor?
Generally, the death of the principal (grantor) operates as an instantaneous and absolute revocation of the agent’s authority or power.
Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?
Generally not. Unless the deceased had gifted away his or her assets to someone shortly before dying, or otherwise acted in concert with them to defraud his or her creditors,…
Do children have rights in Mississippi to their father’s estate?
In Mississippi children do not have to be named in a Will. If he made a Will but did not leave anything to his children, the children have no rights…
Do I Have a Right to See My Mother’s Will?
Can I obtain a will for my dead mother who passed in August of 2009? My brother who is executor and I do not speak. Is there a way to…
Do I have to follow the directions of the trust as trustee?
The penalties for a trustee who fails to follow the instructions of a trust can vary depending on the specific circumstances. Generally, trustees have a fiduciary duty to act in…
Do I have to follow the directions provided in a Will as Executor?
Executors are required to carry out the provisions of a Will to the extent they are legal. However, beneficiaries can disclaim property given to them in the Will and make…
Do I have to include a stepchild in my Will in Mississippi?
No. You do not have to include children or stepchildren. It is recommended that you name all children and stepchildren and provide they are to receive nothing, or something like…
Do I have to include my children in my will?
In Mississippi, parents generally have the right to distribute their property according to their wishes in a will. This includes the ability to exclude certain children from receiving an inheritance. …
Do I have to leave property to my children in my Will?
You do not have to leave anything to your children in your Will in Mississippi. However, you should mention them and leave them $1.00 or something to make it clear…
Do I have to pay debts of my deceased spouse?
In Mississippi, the estate should pay for the debts of the deceased spouse. If the debts are secured like real estate or a car the debts have to be paid…
Do I have to pay taxes on real property I inherit when I sell it?
Yes. But the general rule is that the recipient’s basis for inherited property is stepped up from the decedent’s cost to the asset’s fair market value at the decedent’s date…
Do I need a lawyer to change my Will?
No. You do not have to have an attorney to make it legal. However, there are situations where getting a lawyers assistance can help to and make sure the Will…
Do I need a Will if all property is owned jointly?
It is a broad statement to say “all” property is owned jointly. Also, there are different types of jointly owned property and that may make a difference. Regardless, you should…
Do I need a Will or a Trust?
It all depends on many facts that are unknown. You may need a Will, Trust or Will and a Trust.
Do I need to have my signature witnessed on a Power of Attorney?
Power of attorney requirements vary by state, but typically are signed by the principal and need to be witnessed and/or acknowledged before a notary public.
Do I Need to Set Up a New Trust to Disperse Funds to Trust Beneficiaries?
My mother, recently deceased, had an irrevocable trust. In that trust, she left monies to 3 grandchildren to be held in trust. Do I need to set up new trusts…
Do I Need to Settle Property Dispute Before Putting Property in a Will?
No. But you should specify in your Will that there is a dispute and if you do not own it at your death leaving it in your Will would be…
Do we have to go through probate if there is a will? Why can’t we just distribute the assets as the will says?
Generally it is necessary to go through probate or, in the case of smaller estates, a less formal procedure that is still under the general supervision of the probate court,…
Does a revocable trust have to be filed with the county in which one resides?
A revocable trust can be recorded in the office of the chancery clerk of the county where any real property affected by the trust is located. It does not have…
Does a Trust Need to be Filed?
I am considering using uslegalforms.com for completing a ‘Living Trust’. Do I have to file the completed documents with a state or county agency. How do I know that these…
Does a Trust Void A Will?
No. The fact that a trust exists doesn’t automatically void a will. A trust and a will may exist as completely separate legal documents.
Does a will change named beneficiaries for life insurance policies, pensions, and similar accounts?
No. The person or persons you have properly designated as the beneficiary of your life insurance policy, a joint bank account, an IRA, or 401(k) or other retirement plan will…
Does a will cover all my property?
No. For example, if you own pension plan assets, or 401(k) plan assets, or life insurance, or annuities, or property held through a “Trust”, such property and benefits would typically…
Does all a person’s property have to go through probate?
A probate proceeding may be unnecessary under some circumstances. For example, if an estate consists of entirely jointly owned property that passes to the survivor under contract principles, there may…
Does an appointed executor have to accept the appointment?
No, being appointed as an executor of a will does not obligate you to accept the role. While it is an honor to be chosen as an executor, you have…
Does Mississippi law allow a person to disclaim left by Will?
Yes. You have the right to disclaim property left to you by Will provided you follow the Mississippi laws dealing with disclaimera.
Does our Will made in Nevada cover our property in Mississippi?
If the will is valid when made in Nevada, it is valid in Mississippi for property in Mississippi. However, certain Mississippi laws will apply to the will such as spouse…
Does the IRS audit estate tax returns?
Yes. It can audit and they audit estate tax returns more frequently, especially if large estates. They may do a partial or full audit and penalties can be significant.
Effect of Divorce on designation of spouse as beneficiary of life insurance
If the spouse of an insured is designated as beneficiary on a life insurance policy of the and there is later a divorce or annulment, the designation is not effective…
Effect of Divorce on Estate Planning in Mississippi
In 2020, Mississippi joined other states to address what happens when there is a divorce such as a Will made prior to divorce. Prior to this, the Mississippi Supreme Court…
Effect on Wills Law regarding Separate Estates
“In case the wife have a separate property at the time of the death of her husband, equal in value to what would be her lawful portion of her husband’s…
Estate Assets
The assets of the estate include: real property goods chattels personal property choses in action and money of the deceased, or the sale which may have accrued to his estate…
Estate Attorney or Probate Attorney in Mississippi. Which is needed in Mississippi?
In Mississippi there really is no distinction. Attorneys usually do not label themselves as Estate Attorney or Probate attorney. You should, however, use an attorney who commonly files in Probate. …
Estate Planning Article
Estate Planning What is Estate Planning? It is a process by which one makes plans for the things important to him or her after death. For example, if you have…
Estate Planning Services in all Mississippi Cities
Aberdeen Amory Batesville Bay St. Louis Biloxi Booneville Brandon Brookhaven Byram Canton Carthage Clarksdale Cleveland Clinton Columbia Columbus Corinth Crystal Springs D’Iberville Diamondhead Flowood Forest Gautier Greenville Greenwood Grenada Gulf…
Estate Planning Services in all Mississippi Counties
COUNTY COUNTY SEAT ESTABLISHED POPULATION Adams County Natchez 1799 32,297 460 sq mi Alcorn County Corinth 1870 37,057 400 sq mi Amite County Liberty 1809 13,131 730 sq mi Attala County Kosciusko 1833 19,564 735 sq mi Benton…
Excempt Property Inheritance if no Will
Mississippi law provides the following if no Will according to exempt Property like your Homestead. “The property, real and personal, exempted by law from sale under execution or attachment shall,…
Executor and Administrator may continue business
An executor or administrator may be authorized by the court, if not inconsistent with the terms of the Will, to operate as a going concern the business of the deceased…
Executor and Administrator may sell personal property at public sale
Provided the procedures are met, the executor or administrator may sell personal property at a public sale. See 91-7-183-185
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.
