Mississippi Estate Planning Blog – Articles – Q&A

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…

Wills

How does a person make a will?

To make out a will in Mississippi, you need to follow certain legal requirements. While it is recommended to consult with an attorney for assistance in creating a will, here…

Trusts

How is a trust helpful in estate planning?

A Trust, if properly drawn and “funded”, can be extremely helpful in many situations such as: (1) To avoid a conservatorship. If property is held in a Trust, a successor…

Wills

How is property divided if there are adopted children in Mississippi?

Adopted children are treated as natural children and would share with the other children. If a surviving spouse and children, the estate is shared equally between spouse and children including…

Probate

How long does it take to probate a will and close an estate?

The duration of the probate process and closing of an estate can vary significantly depending on various factors, including the complexity of the estate, local laws, potential disputes, and the…

Trusts

How long is a trust valid in Mississippi

In Mississippi, a trust may not be enforced for more than twenty-one (21) years except if created as a perpetual care funds under Mississippi laws.

Wills

How long is a will valid?

A validly prepared and properly executed Will is valid until you intentionally revoke it or prepare and execute a new Will that revokes the previous Will. In addition, a change…

Power of Attorney

How many copies of a Power of Attorney should I sign?

You are required to sign (execute) only one copy. However, it is not unusual for a principal to sign several original copies. Some banks and brokerage companies have their own…

Power of Attorney

How often does a Power of Attorney need to be updated?

There is no requirement that it be updated. If you want to change the terms you can revoke the old one and create a new one. You can also change…

Wills

How often should one update their will if addresses and phone numbers have changed?

A current address and/or phone number is not required to make a will valid. You can execute a Codicil with the new address if you desire.

Wills

How should my mother add to her will without having to do a new one?

She can do a Codicil to the Will and change provisions in the Will, add property, and make other provisions in the Codicil. If there is a conflict between the…

Power of Attorney

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

No. A person appointing an agent must be mentally and legally competent to appoint an agent. Otherwise, the appointment is voidable. Also, someone who had been declared NCM (i.e., mentally…

Wills

How will an attorney determine if a client has legal capacity to make a Will?

This question pertains to my 88 year old mother who suffers from senile dementia. Adults are presumed to have capacity to make a will. Litigation about testamentary capacity usually involves…

Wills

How will the property be divided in the absence of a Will in Mississippi?

If married, to spouse and children with spouse taking childs share. If married, but no children, to spouse. If not marred but children to your children if you have children.…

Power of Attorney

How would I get a Power of Attorney for my husband who is overseas for financial purposes?

You would need to get a signed power of attorney from him.

Bank Accounts, Wills

I am a joint person on my mother’s bank account. Will I receive the money when she dies?

When someone passes away, the ownership of joint bank accounts is determined by the type of ownership of the account. In many cases, joint bank accounts have a “right of…

Wills

I am an heir and want to see a copy of my father’s will. He has died.

If the will is filed for probate you can see it because it would be part of a public record. If not probated, but someone has it, you can force…

Wills

I am getting married for a second time and want to leave everything to my children. Can I?

In Mississippi a spouse has rights to receivce some property of your estate even if you do not provide so in a Will. He or she can renounce your Will…

Wills

I am on the bank account and home of my Father. What happens when he dies?

If you are a “joint tenant with right of survivorship” then the property will become solely yours upon your father’s passing. On the bank account if you were on the…

Wills

I am separated and want to appoint his Daughter to handle his Estate.

In Mississippi, if there was a Will and you were appointed as Executrix or Personal Representative, you might resign and allow the Daughter to be appointed. If no Will this…

Wills

I failed to use my middle name on my Will.

My will was prepared and is ready to be executed. I forgot to include my middle name as the Testator. Does it have to be rewritten or can I just…

Wills

I made a Will under Federal Military law. Is it valid in Mississippi?

Yes. Federal Law on the subject of military Wills is provided below. You should review this to determine if this law was followed when you made the Will under this…

Trusts

I need a trust for my disabled wife.

When it comes to planning for the financial well-being and care of a disabled spouse, a commonly used trust is a Special Needs Trust (SNT), also known as a Supplemental…

Trusts

I need to make a second trust and cancel the first trust. How?

In some cases, it may be necessary or advisable to revoke or cancel your old trust before creating a new one. This is typically done to ensure clarity and avoid…

Wills

I want my Wife to receive my bank accounts when I die.

There are several ways but if you want it to pass outside your probate, name her as Pay on Death (POD) on the account or make it a joint account…

Wills

I want to cancel my will without making another.

To cancel a will without writing another will, you have a few options: Revocation by physical act: You can cancel a will by physically destroying it. This can be done…

Power of Attorney

I want to change beneficiaries on all my bank accounts. How?

If you have a “beneficiary” named on the accounts now, you can go to the bank and make the change using a POD (Pay on Death) designation.

Wills

I want to have someone removed as executor of an estate in Mississippi

In Mississippi, if you believe that an executor appointed to administer an estate is not fulfilling their duties properly or is acting inappropriately, you may seek to have them removed.…

Wills

I want to keep my will from being contested in Mississippi

In Mississippi. It’s important to consult with an attorney who specializes in estate planning and probate law to ensure that you follow the specific legal requirements and procedures in Mississippi.…

Wills

I want to leave everything to my husband but control what he does with it?

I assume you mean who he leaves the property to when he dies. Or maybe you also want to know if you can restrict his ownership in some manner. Regarding…

Trusts

I want to leave my home in trust to a trustee

Yes, you can leave your home in trust to a trustee. Creating a trust allows you to transfer assets, such as your home, to a trustee who will hold and…

Wills

I want to revoke my Will and not make a new one. How?

You can destroy, tear, etc. with intent to revoke the original, sign a written revocation or otherwise express your intent that the Will be revoked. Generally, you should destroy and…

Wills

I want to update my will. How do I go about it?

There are two basic choices, and professional assistance is in order for both: (1) You can prepare and properly execute a new Will that revokes the earlier Will, or (2)…

Probate

I was named as the executor in my sister’s will. Do I have to serve?

No, it is your choice to serve or decline to serve. If you choose to serve as personal representative you can later resign, although you may have to provide an…

Wills

I’m married but separated. Do I receive anything from my deceased husband?

Yes. Regardless of whether he left a Will giving property to other people, or had no Will, you are entitled to a portion of his estate or all of it.…

Wills

If a person I named in my Will dies do I need to make a new Will?

It depends on who the beneficary was, as well as the terms of the Will. If the beneficiary was your child who had children his or her children will stand…

Wills

If a person is murdered by an heir or beneficiary, can that person still receive property of the deceased?

Our son murdered my husband. Can he still receive property left to him in my Husband’s Will? Because the son killed your husband, any bequest in his name under your…

Wills

If a will is invalid do the people named have any rights?

No. Instead, the heirs at law as if there were no Will receive the assets of the estate. Who the heirs at law are depends on whether he was married,…

Trusts

If I am trustee of a trust, do I need to probate a will of the deceased?

The need for probate when there is a trust in place depends on various factors. In many cases, having a trust can help avoid probate because the trust assets are…

Living Wills, Wills

If I have a living will, would I also need a real “will”?

Yes. A “Living Will” has absolutely nothing to do with managing or controlling your property either during your lifetime or at your death. It deals only with health care options.

Trusts

If I have rental propties, how to I protect them from probate and creditors in Mississippi?

When it comes to protecting your rental properties from probate and lawsuits in Mississippi, it’s advisable to consult with a qualified attorney who specializes in real estate and asset protection.…

Wills

If I have three children do I have to leave all of them something in my Will in Mississippi?

No. Your children have no right against your Will if you do not leave them anything. It is best to include them and for example, provide the one’s you want…

Uncategorized

If I live in Tennessee does Tennessee or Mississippi law control property I own in Mississippi?

You stated that you own personal and real estate in Mississippi but live in Tennessee and do not have a Will. You want to know which laws control who gets…

Power of Attorney

If I made a living trust do I need to also make a financial power of attorney?

Generally, there is property and assets that were not transferred to a living trust. For matters outside the trust you may want to consider a financial power of attorney that…

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.

Related Article – Organizing your Legal Life

Links

Checkup

Categories