Mississippi Estate Planning Blog – Articles – Q&A

Executor or Personal Representative Duties, Powers and Responsibilities

This involves where there is a will. If there is no will, most of the same duties and responsibilities apply. The executor should not dispose of assets until letters of…

Wills

Executor will not show chidlren the Will. How do I see it?

If the Will was not probated, you can file to compel production of the Will or even file to open an estate and compel production of the Will as well…

Exempt Property

Exempt Property including your Homestead

Exempt property, both real and personal, exempt from execution passes under Mississippi laws as follows: to the survivor of spouses and the children of the deceased; or if there are…

Wills

Existence of a Will is being denied

I am the heir to my father’s estate, since he allegedly died without a will. However, a family member has a photocopy of a will that they want to submit…

Trusts

Expense Reimbursement and Repayment to Trust Trustee, Advisor, and Protector

If a trust trustee, advisor or protector incurs expenses in connection with the trust they are entitled to payment plus interest. This applies to expenses that are incurred in the…

Wills

Failure to provide for Spouse in Will

You must include your Spouse in your Will in Mississippi or the following law applies and the Spouse will take his or her share as provided for renounceation. If the…

Family Law

Family Law The following are some basic principles of family law to assist you with organizing your legal life when it comes to close personal relationships. Living Together – Cohabitation…

Wills

For bank accounts and life insurance held in trust can I name the trustee as beneficiary?

There should not be a problem making the trustee beneficiary provided the terms of the trust do not effect your right to leave the assets to the trustee.

Trusts

General Rules for Trustees in Mississippi

In Mississippi, Trustees have duties and other rules that govern them. A Trustee must act in good faith in performing the provisions of the trust and best interest of the…

Estate Taxes

Gift Tax and Estate Tax Relationship

If you owe gift taxes because you gave above the gift tax exemption, you don’t have to pay gift taxes. Instead, the tax on the gift is deducted from the…

Articles

Gifts Article

GIFTS A gift involves transferring title by voluntary action of the owner without receiving anything in exchange. A gift of property is a: i) passing of title; ii) made with…

Conservatorship, Guardianship, Probate

Guardian or Conservator may administer estate when ward is deceased

If a person dies without a will and such person is under a legal disability and has had a guardian, conservator or other fiduciary appointed, then the judge or clerk…

Wills

Having Child after making a Will

If you have a child after makeing a Will, that child will receive what that child would have received under the laws of intestate succession (no will) regardless of what…

Wills

Hi I live in Philippines and my Husband died. His son in US says Will was made before we married.

Hi I live in Philippines. We were married year 2010 in Las Vegas and relocated in Philippines 2014. My husband passed away May 2016. He had a son in his…

Exempt Property, Homestead

Homestead Rights of Surviving Spouse in Mississippi

In Mississippi, a surviving spouse has the right to possess the homestead which is also exempt from execution by creditors. If there are no children, the surviving spouse would own…

Estate Planning

Horror Examples for not Planning

Living Wills The Terri Shiavo case sparked a national debate over legal issues related to health care and maintaining life by artificial means. Schiavo was 26 when she collapsed in…

Power of Attorney

How can I get a power of attorney for my father who is already incompetent?

A person appointing an agent must be mentally and legally competent to appoint an agent. Otherwise, the appointment is voidable. Someone who had been declared NCM (i.e., mentally incompetent) by…

Trusts

How Can I Set Up a Trust for an Irresponsible Child?

I have accounts for my son in which inherited stocks and other funds have been deposited. He is about to turn 21. He is extremely immature. I want to protect…

Wills

How can my girlfriend and I agree to leave our property to our Children?

People sometimes promise to leave all or part of their estates to a particular person or persons. This is often called a “contract to make a will,” but the promise…

Wills

How can one revoke a Will in Mississippi?

There are several ways to revoke a Will. Here are some of the methods to revoke a Will in Mississippi: A will can be revoked by the execution of a…

Wills

How can one revoke a will in Mississippi?

Here are common methods to revoke a Will in Mississippi: A will or any part of it can be revoked by executing a subsequent will that revokes the previous will…

Trusts

How can two individuals own property with rights to survivorship if one wants to put in a trust?

Currently, 2 individuals hold title in a piece of property as joint tenants with right of survivorship. One of the individuals wants to put their interest into a revocable trust.…

Digital Assets

How do Executors and other fiduciaries obtain access to Internet accounts of the deceased?

Mississippi adopted the Revised Uniform Fiduciary Access to Digital Assets Act in 2017 that provides for access to Internet accounts and digital assets. The act contains the following sections. §…

Wills

How Do I Find Out the Value of My Ex-Mother-in-Law’s Estate?

When a will is probated, it is filed with the court and becomes a public document unless it for some reason is ordered sealed. Filings by the executor, such as…

Power of Attorney

How do I give a limited power of attorney to someone?

You can execute a Limited Power of Attorney for most matters such as selling a home, car or other matters.

Wills

How do I keep my assets separate from my new Husband?

You can keep your assets in your name alone and not comingle them with your new husband. You can create a Will but in Mississippi unless you did a Premarital…

Wills

How do I leave Corporate property in a Will in Mississippi?

The answer depends on a lot of things not know. But generally if the property is real estate titled in the name of the Corporation you cannot include it in…

Wills

How do I locate any property my deceased father may have owned?

Determining if your father left you any property after his passing typically involves a legal and administrative process. Here are some, but not all, steps you can take to find…

Wills

How Do I Locate the Contents of the Will of My Mother?

A will is not a public document until filed in court. Typically, the will isn’t filed until death of its maker, allowing probate proceedings to take place.

Wills

How do I make a Will legal, other than having it notarized?

In Mississippi your Will does not have to be notarized. It has to be executed by you in front of two witnesses who sign to witness the Will. You have…

Wills

How do I prove my grandmother left her land to me?

There would be a Will or a Conveyance to you or if you are the only heir an estate or heirship affidavit showing you as the sole heir. If sole…

Living Wills

How Do I Revoke A Living Will?

I have a living will and want to revoke it. Is there a formal revocation procedure which I need to follow or is simple destruction sufficient? A living will (known…

Power of Attorney

How do I revoke my current Power of Attorney and make a new one?

A revocation of a power of attorney may be made by a written document signed by the principal, with or with out the consent of the agent. People acting under…

Power of Attorney

How do I select an Agent for a Power of Attorney?

You should choose a trusted family member, a proven friend, or a professional with an outstanding reputation for honesty. Remember, signing a power of attorney that grants broad authority to…

Trusts

How do I select the trustees and successor trustees?

A Trustee is a person or institution selected to follow the instructions provided by the declaration of Trust. A Trustee has a very high “fiduciary duty” to act with the…

Trusts

How do I set up a Miller Trust in Mississippi?

As you may know, a Miller Trust makes Social Security and other income exempt from calculations of income and resources if the state is reimbursed from the trust for Medicaid…

Wills

How do I sign a Will, keep it and when do I make changes in Mississippi?

Your Will must be signed in front of two adult witnesses both present when the Will is signed by you and each other. Since your Will may contain a self-proving…

Trusts

How Do I Tell if a Trust is Revocable or Irrevocable?

I HAVE A REALTY TRUST, HOW DO I TELL IF IT IS REVOCABLE OR IRREVOCABLE, THOSE WORDS ARE NOT ON THE TRUST PAPERS In contrast to a revocable trust, an…

Power of Attorney

How Do I Transfer Property to A Trust?

After creating the living trust, the grantor should transfer personal assets into it. This is referred to as funding the trust. In order to transfer real estate into the living…

Real Estate, Wills

How do we insure our home goes to our children without probate?

You can make a Living Trust and convey the property to the trust with the children as beneficiaries after you die or you can convey the property now using a…

Trusts

How Do We Transfer a Home Into a Trust?

What form of Deed must be used to tranfer home title to a Living Trust? It is possible to put the house into a trust by signing a warranty or…

Trusts

How do we transfer real property to a trust?

Husband & I have had separate trusts created. We are co-trustees of each other’s trust.What is the exact proper language to re title our home into the trust? Also, what…

Power of Attorney

How do you remove someone as your Durable Power of Attorney?

You have decided to revoke a person that you have appointed as your Durable Power of Attorney, for any number of reasons. Can a person revoke a Durable Power of…

Real Estate, Wills

How does a life estate work in Mississippi?

Important matters relating to a life estate in Mississippi include the following: Grant the Life Estate: The owner of the property (grantor) must execute a legal document, such as a…

Real Estate

How does a life estate work?

A life estate is a type of ownership of property. Once the life tenant dies, abandons the property or conveys their interst the property goes to the remanderpersons named in…

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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