If I make a will and later become mentally unsound, is the will still valid?
Yes. You only have to be competent at the time of making the will.
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If I move to another state do I need to change my trust?
You are generally not required to change your trust if you move to another state if it was made valid in the state where you created it. When you move…
If I need to transfer property to another trust, how do I do that in Mississippi?
Set up the new trust: If needed, create a new trust agreement that outlines the terms and conditions of the trust. This document should specify the beneficiaries, trustees, and any…
If I put property in a trust does it prevent foreclosure?
A trust, on its own, typically cannot prevent foreclosure. Foreclosure is a legal process initiated by a lender or mortgage holder when a borrower defaults on their mortgage payments. Placing…
If I serve as an executor, do I get paid?
Yes and No. In addition to all out-of-pocket expenses in managing and settling the estate, personal representatives generally earn a fee. But the Will may appoint without compensation or the…
If I use a life estate does it mean I don’t need a Will?
No. The life estate in real estate would only involve that property and not any other property you may own. Therefore, you should still make a Will.
If my Father was married but separated do I receive anything if he died without a Will?
Yes. Under Mississippi law the son of a person dying intestate (without a will) has the right to inherit a portion of the estate. The spouse is also entitled to…
If my second Will is destroyed, will it revive my first Will in Mississippi?
No. If a person, referred to legally as a “testator,” makes a second will, that will overrides any older will. It does not matter if the second will is destroyed,…
If my second will is destroyed, will it revive my first will?
No. If a person, referred to legally as a “testator,” makes a second will, that will overrides any older will unless it is am amendment to the second Will. If…
If my Son dies with no wife or children or Will, who receives his estate?
brothers and sisters and father and mother
If no probate or estate open how can I open safe deposit box of deceased Father?
Follow the code below. Universal Citation: MS Code § 81-5-64 (2020) Definitions.For purposes of this section, the following terms shall have the following meanings: “Financial institution” means any banking corporation, national…
If two children and one dies before the parent who gets a deceased parents property?
When a parent leaves their estate to two children and one of the children dies before the parent, the legal implications will depend on various factors. Per Stirpes: Mississippi follows…
If two heirs and open Administration who signs deed to estate property being sold?
The person appointed as administrator by the Court can sign the deed and the Court would need to approve and authorize the administrator to sell. If you object to sell,…
Insurance – Life and more
Insurance There are many types of insurance. Property, Liability, Auto, Fire, Errors and Ommissions, health, life and many more.
IRA account has beneficiary who is not the new wife of deceased. Can the wife receive the proceeds?
The new wife will not be entitled to take over the named beneficiary because the named beneficiary was not changed. The fact there was a new marriage does not matter. …
Is a no-contest provision in a trust valid in Mississippi?
Generally yes. As used herein, a “no-contest provision” includes a “no-contest provision,” “in terrorem provision” or “forfeiture provision” of a trust instrument. A “no-contest provision” means a provision that, if…
Is a Power of Attorney enough to be able to sell the home of the deceased if there is a mortgage?
No, the bank is correct because the Power of Attorney is no longer valid. The clause in the Power of Attorney refers to principals who are disabled, but still alive.…
Is a Power of Attorney still in effect after 30 years?
Yes. It can be effective until the principal dies, revokes it, or if it is not durable, if the principal becomes incompetent.
Is a Testamentary Trust a Separate Document from the Will?
A trust created in an individual’s will, as part of the same document, is called a testamentary trust. Because a will can become effective only upon death, a testamentary trust…
Is a will I made over 20 years ago when I was 21 still valid in Mississippi? I am 46.
Yes, a will made at 21 years of age in Mississippi would still be valid at 46 years of age, assuming it was executed according to the legal requirements in…
Is a Will invalid if there is a divorce or Remarriage?
In Mississippi, the provisions in a Will for a former spouse are not valid. If there is a remarriage after a Will is made the spouse can renounce the Will…
Is an agent appointed as power of attorney responsible for debts obtained by principal?
If the power of attorney legally authorizes a particular act, the agent cannot be held personally liable for doing that act, unless the contract specifies otherwise.
Is an agreement to convey property before death still valid if the person selling dies?
My grandfather executed his Will last year in which he bequeathed his apartment in downtown New York to me. After his death a month back, a person approached me saying…
Is how we own real estate important for estate planning
Yes. This is very important and people are generally not familiar with the different types of ownership and there effect on our estate. Type of ownership include Joint Tenants, Tenants…
Is it possible for an Agent to steal my money and property?
Yes. A power of attorney can be abused, and dishonest agents have used powers of attorney to transfer the principal’s assets to themselves and others. That is why it is…
Is making a do-it-yourself (DIY) will and testament a potential legal problem?
There are several potential legal problems that can arise with a do-it-yourself (DIY) will and testament. While DIY wills may seem convenient and cost-effective, they can lead to unintended consequences…
Is my Father’s car part of his personal effects?
“Personal effects” can include such things as jewelry, appliances, tools, furniture, clothing, china, silver, coin collections, works of art, and the like. A car is not typically considered a personal…
Is my mother’s Power of Attorney and Will valid if she moved to another state?
The general answer is if they were made valid in the state where she lived, another state would recognize them as valid and she would not be required to make…
Is my will made and executed in N. Y. valid in Mississippi as well?
A will made outside New York, in conformity with the laws of the state where it is made, is valid in Mississippi.
Is my will made and executed in N. Y. valid in Mississippi?
I reside in N.Y. but moving to Mississippi. The Will is valid in Mississippi if it is valid and properly made under the laws of N.Y. Regarding other matters such…
Is my will made in Nevada valid in Mississippi if I move to Mississippi?
Generally, if you make a will in one state in compliance with their laws and move to another state, the state you moved to will recognize the will as valid. …
Is the joint will made in 1980 still valid in Mississippi?
Yes. If there has been no revocation or new wills made it is still valid in Mississippi.
Is there a legal form for rescinding a revocable trust?
Yes. You can get a form and revoke a revocable trust. Be sure to convey any property conveyed to the trust out of the trust before it is revoked.
Is there a time limit for a will to be read?
There is generally no time limit to read a Will but it is usually read soon after death in most cases. There is no statute of limitations for probate of…
Is there any authority that cannot be given to an agent?
Generally speaking, a principal can give an agent the authority to do any act that the principal could do on his or her own, unless prohibited by public policy or…
Joint tenants in a deed both died in a common disaster. Who gets the property?
Under the Simultaneous Death Law of Mississippi they are both assumed to have survived the other. This means the heirs of each would receive 50% of the property.
LegalLife Checkup
Cover Sheet Part 1 – Personal Information Part 2 – Spouse Personal Information Part 3 – Previous Marriages Part 4 – Children Part 5 – Parents Part 6 – Brothers…
Letters of Administration
When a person dies without a will, an Administration of the estate is the action used to open the estate. The person appointed to manage the estate is named an…
Letters Testamentary
When the probate is filed and order entered, a form named letters testamentary is made and provided to the executor. The letters testamentary is the document the executor uses to…
Liability and related laws of a Trustee in Mississippi
The trustee can be the trustee of a trust estblished in a will or trust document. Violating a duty owed to beneficiaries is a breach of trust. The Chancery court…
Liability of Third Parties relating to a Trust
A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without actual knowledge that the…
Limitation of time for a Beneficiary, Trustee, Trust Advisor and Trust Protector to obtain relief for a wrong
There is a one (1) year statute of limitations for a beneficiary to bring an action from when the beneficiary, or his or her agent, was sent a report 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.
