Rules about creating a trust in land
A trust for real property must be created by a written instrument signed by the party who declares or creates such trust (the “settlor”), or by his or her last…
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Sale of property executor or administrator cannot produce
An executor or administrator may sell the interest of his testator or intestate in a ship, vessel, steamboat, other water craft, or other property which he cannot produce, without the…
Sale of Real Estate by Executor or Administrator
If it determines to be in the best interest, the court may authorize the executor or administrator to sale real estate before personal property. If necessary to pay the debts…
Should an Adult Child be POA or in charge of estate of a Parent?
My father was in a wreck 5 years ago. He is very unstable to make decisions. When his dad passed he got everything left to him. My aunt who is…
Should I have a Trust or a Will?
A trust may be revocable or irrevocable. A trust can be created during a person’s lifetime and survive the person’s death. A trust can also be created by a will…
Signed Will of parent is not attested by any witness. Is it valid in Mississippi?
No. The Will should be witnesses with witness signatures in accordance with Mississippi law. Therefore, the estate would fall under the laws of intestate succession (no-will), and past to heirs…
Simple Estate Planning Quiz
Take this quiz to see if you meet the simple estate planning needs. Do you have a Will? No Yes Do your parents have a Will?(Required) Yes No Are you…
Sister named as Executor but she left. What happens?
If there was an alternate executor than you that person can name. If not, you can also file to probate the Will and have the Court appoint an administrator that…
Small Estate in Mississippi
If small estate laws apply there is no need to probate or open an administration to collect property of the estate. Instead, an affidavit containing the requirements of law may…
Some reasons it benefits to set up a trust
Some reasons to set up a trust include: Control Ultimate Beneficiary Second Marriage Protection Bloodline Protection Creditor Protection Divorce Protection Spendthrift Protection Grandchild Trust Substance Abuse Share v. Sprinkle Benefits…
Special Needs Trust
§ 91-8-1109. Protection of special needs trusts and other similar trusts for disabled persons. Notwithstanding the provisions of this chapter [8] that may otherwise be applicable to a trust, no…
Spouse can Renouce Will of their Spouse
Mississippi Law provides as follows in regard to renounceation. “When a husband makes his last will and testament and does not make satisfactory provision therein for his wife, she may,…
Summary of part of Wills Law in Mississippi
If you are eighteen (18) years of age or older and have a sound and disposing mind you can create a Will. It must be signed by the person making…
Suppose a person is mentally competent at the time of making a will but subsequently becomes incompetent. Is the will still good?
Yes. The fact that the person making the Will has weakened mentality sometime after the Will is made has no bearing. It only becomes important should the person having an…
Termination and Disbursement from a Trust by Trustee, Beneficiaries or Court
The term “Court” below means a Mississippi Chancery Court. In Mississippi, if the Trustee fails to terminate and disburse the principal and income of the trust when the trust terminates…
There are children of two marriages. How should a will be done?
In Mississippi, if you want to leave your property to divide among the children of two marriages, you have several options. The best way to accomplish this is by creating…
There is a trust where a named beneficiary died. Who receives the property left to that beneficiary?
If the beneficiary named in a trust dies, what happens to the property depends on the specific terms outlined in the trust document. Typically, a trust may include provisions for…
TOD security
Mississippi has adopted laws to allow a transfer on death deed. It has previously adopted transfer on death laws for securities. Under the laws, “Security” means a share, participation, or…
Transfer on Death Deed (TOD) as Estate Planning tool
In 2020, Mississippi enacted the transfer on death act that allows real estate to transfer on the death of the owner to persons designated in the deed. An owner can…
Trust Accounting to Court
A trustee is not required to but may file an accounting of the trustee’s administration of a trust in the Chancery court at any time and seek a partial or…
Trust Advisors and Trust Protectors in Mississippi
Mississippi allows a trust advisor and/or trust protector to be included in the Trust document. A person can be a trust protector or trust advisor and there can be a…
Trust For Animals in Mississippi
In Mississippi, you can create a trust for an animal. The animal must be alive. The trust terminates when the animal dies. If the Trustee is not performing the duties…
Trust terms allows to change trust laws
There are many laws contained in the Mississippi Uniform Trust Code that goven many aspects of trusts. One law states that the laws provided in the trust code can be…
Trustee accepting or declining to accept appointment of trustee in Trust
If a person designated as trustee has not accepted to act as trustee, that person may reject such appointment. Also, a person designated as trustee who does not accept the…
Trustee providing others proof of existence of a trust
The trustee is generally not required to provide a copy of the trrust to people dealing with the trustee to prove it’s validity. Instead a Certification of Trust may be…
Trusts Article
Trusts A trust involves any arrangement by which legal title to property is transferred from one person to be administered by a trustee for another person’s benefit. The trustee is…
Two children I named in my Will died in a plane crash. What happens to property I left to them or the survivor?
In this situation the Mississippi Simultaneous Death Law provides that they are both assumed to survive the other. Therefore, their heirs at law or under their Will would each receive…
Using AI for Legal Questions or Matters
First, in regard to state specific legal information, AI may provide you with content but from what we see, AI does not like to address state specific legal matters. Second,…
Vacancy of Trustee and Successor Trustee
(a) A vacancy in a trusteeship occurs if: (1) A person designated as trustee rejects the trusteeship; (2) A person designated as trustee cannot be identified or does not exist; (3) A trustee resigns;…
Venue for Probate
The chancery court in the county where the decedent had a fixed place of resident, or if none, where any real estate of the decedent is located is the proper…
What are alternatives to making a Will?
Insurance Policies, IRA, employee benefit plans inter vivos gifts custodial accounts Trusts
What are an Agent’s obligations to a Principal?
The agent is obligated to act in the best interests of the principal. An agent is a fiduciary, with strict standards of honesty and loyalty to the principal. An agent…
What are self-probating wills?
A so-called “self-probating Will” typically has affidavits of the witnesses who saw the decedent sign the Will. The affidavits are attached to the Will. In those affidavits, the witnesses state:…
What are some of the different forms of trusts?
This is a sample of types. Trusts come in a variety of forms and can be established in many different situations. Some common forms of Trusts include: A charitable trust…
What are the main duties of a personal representative/executor?
Under law of most states, a person has broad rights to direct the disposition of his or her assets. Part of this direction usually involves nomination of an executor to…
What are the provisions of the Simultaneous Death Law in Mississippi?
Unless otherwise provided in a Will or other instrument as to what happens is there is a simultaneous death, the law provides and assumes that each survived the other. For…
What are the requirements of a valid will in Mississippi?
In Mississippi, a valid will has to be signed by the person making the will or by some other person in the presence of and by the direction of the…
What Are The Requirements to Become Power of Attorney?
My aging father is an abuser of narcotics. What do I have to do to become his power of attorney? He is very uncooperative. An adult child can not legally…
What are the responsibilities of an executor in Mississippi?
In Mississippi, an executor, also referred to as a personal representative, is responsible for managing the administration of an estate after someone passes away. The executor’s primary duties include: Filing…
What can happen if I do not have a will?
If you die without a Will, you have died intestate. Your property still must go through a probate process in order to have the legal title to the property transferred…
What can I do if my Agent does not follow my instructions?
You may revoke the authority of the agent. n order to revoke, cancel, or end a power of attorney before it expires, the principal must sign a revocation of power…
What can I do to force my sister to sell her half of the home we inherited?
My father passed away over 3 years ago. Before hid death he gave my sister half of his house and in his will gave her everything which later on he…
What deed will work for a mother to leave her property to her children in Mississippi?
To transfer ownership of a property from your mother to her children upon her death, she would typically need to use a specific type of deed called a “Transfer-on-Death Deed”…
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.
