Mississippi Estate Planning Blog – Articles – Q&A

List of Relevant Mississippi Laws regarding Estates and Trusts Chapter 1 – Descent and Distribution § 91-1-1. What law to govern § 91-1-3. Descent of land § 91-1-5. Half-bloods §…

Estate Planning

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Wills

Making a Will in Mississippi

View Articles about making your Will in Mississippi

Estate Planning, Wills

Mine and/or Yours and Ours?

This is also a situation where you must be informed to assure you are both satisfied with who gets your estate. And you need to make sure what you and…

Estate Planning, Wills

Mine, Yours Children

Please pay close attention to options when you and your spouse have children from former marriages, or otherwise. There is a way to make sure you are both datisfied and…

Wills

Minor Beneficiares in your Will

If there are minor beneficiares in your will the will should contain trust provisions. This could also apply if for example your children are adults but one dies before you…

Trusts

Modification of a Trust in Mississippi

Modification of a Revocable trust can be made by the maker of the trust. The term “Court” below means a Mississippi Chancery Court. A Trustee can modify an irrevocable trust…

Trusts

Modification of Trust by Court

In addition to other provisions of the laws allowing a court to modify a trust the following also apply. The court may reform the terms of a trust, even if…

Trusts

Modification or Termination of Trust of Uneconomic Reasons

If the total value of a trust is less than One Hundred Fifty Thousand Dollars ($150,000.00) the trustee may terminate the trust if the trustee concludes that the value of…

Wills

Mother and Father were not married. Can I inherit from my Father?

Generally yes provided the laws of Mississippi are followed. Mississippi allows illegitimates to inherit. Universal Citation: MS Code § 91-1-15 (2020) The following terms shall have the meaning s ascribed to…

Wills

My brother died and I need to know if his Wife has any interest in his estate since they were seperated?

My Brother died and I just learned that he was still married. But he has been seperated for over 15 years. Does the wife still have any interest in his…

Wills

My deceased husband left everything to his children and not me, his wife. What are my rights?dies and leaves his estate to his children istead of his wife?

In Mississippi, you are entitled to part of his estate regardless of his will. You have the right to renounce the will and take a part of his estate with…

Wills

My father’s Will specified that my stepmother would inherit and upon her death it would go to his children.

My father recently died. His will specified that my stepmother would inherit and upon her death it would be divided equally among the two stepchildren and my brother and me.…

Wills

My husband died and left me everything. Do his children from a prior marriage get anything?f I was not alive to his Children. Do the Children get anything?

No. Not unless the Will is declared invalid for some purpose. Children do not have a right to inherit in Mississippi if left out of a Will of a Parent.

Wills

My husband left his home to his daughter. What rights do I have as his spouse in Mississippi?

In Mississippi, the laws regarding inheritance and property rights can be complex, and the specific circumstances of the situation may have an impact on the wife’s rights. However, some general…

Wills

My Husband’s Will is dated before we married?

My Husband and I married 5 years ago and have one child born after our marriage. Last month my Husband died and a Will was discovered that was dated before…

Wills

My mother died without a Will with four Children. All children want one brother to receive the home. How?

The other children can disclaim their right to inherit under the laws of Mississippi which would leave the brother as sole heir since you said there is no spouse

Conservatorship

My mother, who is 93, suffers from dementia. Currently, my brother, who lives in another country, has Power of Attorney and…

My mother, who is 93, suffers from dementia. Currently, my brother, who lives in another country, has Power of Attorney and handles our mother’s bills from her limited income. The…

Wills

My mother’s health is failing. What should I do in Mississippi?

If your mother’s health is failing in Mississippi and you want to minimize potential legal issues, here are a few steps you could consider: Seek legal advice: Consult with an…

Wills

My parents adopted me. My adoptive Father died without a Will. Can I inherit?

An adopted child is considered as the descendant of the adopting father under Mississippi intestate laws. But review the law for the specific provisions and limitations. Please review the following:…

Wills

My Sister left a Will but not sure how to find it in Mississippi.

If you know there was a Will but cannot locate, you should find out what attorney drafted the Will if an attorney was used. You should check the home and…

Trusts

My stepmother will not give me a copy of a Family Trust of which I am a beneficiary.

Our father before passing told my sister and I that we were named in the Family Trust. Our step-mother is stating we are second beneficiaries and are not entitled to…

Wills

My Wife died. Can I change my Will to remove my Daughter?

I made a will with my wife 15 years ago my wife past away 5 years ago I would like to change my will by removing my daughterThe assumption is…

Wills

New spouse left out of Will of her spouse?

My friend’s husband passed away recently. After death my friend found that he made a will before their marriage. She got nothing in that will. Can she claim any of…

Wills

Not sure how to fine Will of my deceased Mother. Help.

If you know who prepared the Will contact the lawyer who prepared it. If it has been filed and you need it from the Court, the clerk should be able…

Executors, No Will

Oath of Executor and Administrator

In Mississippi, the oath of the executor and administrator are in the following form and are signed by the executor or administrator: For the executor: “I do swear that the…

Power of Attorney

Once I sign a Power of Attorney, may I continue to make legal and financial decisions for myself?

Yes, the agent named in a power of attorney is only your representative. As long as you are capable to make decisions, you can instruct your agent to do only…

Wills

Our home is only in my Husbands name. Do I have rights to it when he dies?

Yes. In Mississippi, there are homestead rights for surviving spouses regardless of ownership. Also, if he leaves a Will and does not leave you what you like you can renounce…

Partition

Partition of Heir Property

There are separate laws providing for partition of heir property instead of regular partition laws. Partition of heir property applies if the definition of heir property as defined by these…

Wills

Partition. How long will it take in Mississippi?

There is no way to determine how long a partition will take in Mississippi because of all the unknown factors such as Court docket, Attorney schedule, how fast appointed appraisers…

Wills

Party A prepared a valid will and wants to revoke it. How can Party A revoke the will?

Party A prepared a valid will and wants to revoke it. How can Party A revoke the will? Generally, if you are mentally competent, you can revoke a prior will…

General

Personal Property in Mississippi

If you live out of State but have personal property in Mississippi, the laws of Mississippi govern disposition of that property. If you have a Will, an ancillary probate is…

Trusts

Petition to Void Trust for Fraud, Undue influence or duress

An interested party may file to void the trust based on asserted facts that the creation of the trust was induced by fraud, duress, or undue influence. This can be…

Estate Planning

Planning and Organization

People often think about their finances and health, but do not consider their “legal life™” until it is either too late or they have a legal problem. Accidents, natural disasters,…

Estate Planning

Planning for when you die.

Trusts

Posting Bond by Trustees

In Mississippi, the Chancery Court may require that a tustee (such as trustee of a trust created in a Will) post bond or not make the requirement of bond even…

Articles, Power of Attorney

Power of Attorney Article

Power of Attorney A power of attorney is a legal document appointing another to act in the maker’s place when the maker is unable to take action personally. The maker…

Trusts

Power of Trustees named in a Will or Trust in Mississippi

See also Discretionary Powers and General Rules for Trustees. A trustee, without court approval, may exercise the powers contained in the terms of the trust. Also, unless limited by the…

Premarital Agreements

Premarital Agreement Planning

A premarital agreement.

Executors, Fiduciary

Principal and income allocation rules in Mississippi

Section 91-17-102 – Definitions In this chapter: (1) “Accounting period” means a calendar year unless another twelve-month period is selected by a fiduciary. The term includes a portion of a…

Probate

Property given to Foreign Personal Representative of Non-Resident Decedent and Ancillary Probate

After sixty (60) days of death, a person in who holds personal property, is indebted to the decedent or holding stock, etc. in this state of the estate of non-resident…

Trusts

Prudent Investor Rule for Trusts and Trustees

Under the Mississippi prudent inventor act, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule…

Trusts

Removal of Trustee in Mississippi

In Mississippi, the maker of the trust, a co-trustee, or a beneficiary may request the Chancery court to remove a trustee. The Chancery Court may also remove a trustee on…

Trusts

Requirements to create a Trust in Mississippi

A trust can be created under Mississippi law if: (1) The settlor has capacity to create a trust; (2) The settlor indicates an intention to create the trust; (3) The…

Estate Planning

Retirement and Estate Planning

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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