Mississippi Estate Planning Blog – Articles – Q&A

What do executors do in Mississippi?

In Mississippi, an executor, also known as a personal representative, is an individual or entity appointed by a probate court to administer the estate of a deceased person. The executor’s…

Wills

What does a will usually contain?

Typical provisions of a Last Will and Testament include: name of the testator (your name); name of the testator’s spouse and date of marriage, if any; name of all of…

Wills

What does bodily heirs mean?

It means descendents. Children, Grandchildren, etc.

Wills

What Does Per Stirpes Mean in a Will?

Per stirpes is a Latin term meaning “by roots,” or by representation. The term is often used in wills and trusts to describe how to carry out a distribution when…

Wills

What effect does moving to a different state have on a will?

A Will that is properly made and properly executed in your former state of residence, that would be valid under the laws of your former state, will almost invariably be…

Wills

What happens if a child is born after I make my Will or my wife is pregnant?

The Mississippi law provides that the child would still inherit from you under the provisions of MS Code § 91-5-3 (2020) and MS Code § 91-5-5 (2020), which provide how,…

Wills

What happens if a child named in Will dies after the Will is probated?

Once the children receive the property after the will is probated, it then passes to their heirs if they later pass away, or under their Will. The child may have…

Wills

What happens if a duplicate will is created on the presumption that the first will is lost?

My dad made a duplicate will when he couldn’t find his first will. Later, we found his first will in his closet. What should he do with the two identical…

Wills

What happens if a person refuses to produce a Will in Mississippi?

It is illegal to withhold a Will in Mississippi and the person can be charged with a crime. You can also file with the Chancery Court to compel production of…

Wills

What happens if a will cannot be found?

Missing wills raise all sorts of interesting legal issues which often turn on the specific facts and circumstances, and the law of the state in which the deceased resided. The…

Wills

What happens if a Will is started by never completed?

In Mississippi the Will should be executed and witnessed in accordance with law and if not, is generally not valid. In other words, there is no Will.

Executors

What happens if an executor or administrator dies, resigns or is removed

In this situation, , letters of administration de bonis non with the will annexed, or de bonis non, shall be granted to the person entitled, and he shall proceed in…

Wills

What happens if Grandfather leaves a trust for two Children and one child dies?

The provisions of the trust would need to be reviewed to determine what language, if any, states who is to receive his interest. If no specific provision in the trust,…

Wills

What happens if my child predeceases me and named in my Will in Mississippi?

You stated that one of your children died. The child has one adopted child and another child that was adopted by her step-father. Your child was divorced. The deceased child…

Executors

What happens if the personal representative fails to perform his or her duty?

An executor or administrator who is derelict in his or her duty is personally liable for damages caused in the administration of the estate. Liability may arise from improperly managing…

Wills

What happens if we cannot locate the witnesses to the will?

If none of the subscribing witnesses can be produced to prove the execution of the will, it may be established by proving the handwriting of a testator and of the…

Wills

What Happens in Probate if Assets Are Jointly Owned With a Named Beneficiary?

Certain assets are not included as part of a person’s estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by…

Wills

What happens to real property in Mississippi if the owner who died lived in New York?

You also stated that the deceased left a Will made in New York leaving the property to his new wife in Mississippi. Mississippi law controls who receives real property located…

Power of Attorney

What if I move?

Generally, a Power of Attorney that is valid when you sign it will remain valid even if you change your state of residence. It should not be necessary to sign…

Power of Attorney

What if my sister is abusing her Power of Attorney over my mother?

A power of attorney is a legal instrument that individuals create and sign that gives someone else the authority to make certain decisions and act for the signer. The person…

Wills

What if someone objects to the will?

If someone files an objection to the Will, or produces another will, what is known as a “will contest” has begun. While will contests are not that rare, and while…

Wills

What if someone tries to destroy, mutilate, or hide someone’s will?

What if someone tries to destroy someone’s will? Can they get in trouble for that?It is illegal to destroy someone’s will. If you're found guilty of destroying, hiding, or damaging…

Probate

What if the decedent owned land in more than one state?

The laws of the state in which the deceased was a permanent resident governs who would receive all the deceased’s personal property, wherever it was located, and all the deceased’s…

Probate

What if the person who has the will does not produce it?

In this case, the chancery court of the proper county may compel the person to produce the will.

No Will

What if there is no will?

If a person dies without a Will (known as dying intestate), the probate court appoints a personal representative frequently called an administrator or administratix to receive all claims against the…

Power of Attorney

What is a “durable power of attorney”? Are there different types of powers of attorney?

There are various types of powers of attorney; they can be either general, durable or limited. Some states have also adopted a statutory power of attorney. A general power of…

Trusts

What is a “trust agreement” or a “declaration of trust”?

These two terms refer to a written document that sets forth the terms and conditions of the trust. The differences between them are largely matters of style and local practice.…

Trusts

What is a AB Trust?

An A-B trust is a trust which divides into Trust A and Trust B upon the death of the first settlor. The main tax advantage of an A-B trust is…

Probate

What is a Caveat against probate of a will

A caveat against probate is a means to contest a will before it is probate. If files, the will cannot be probated until the contest is resolved, if resolved in…

Wills

What is a Do Not Resuscitate (DNR)?

A DNR order is an order that informs emergency personnel that you do not wish to receive cardiopulmonary resuscitation (CPR) or other life support in a medical emergency when an…

Guardianship

What is a Guardian?

A guardian is a person who is legally appointed to make decisions on behalf of someone else, typically referred to as a ward, who is unable to make those decisions…

Living Trust

What is a Living Trust?

A Living Trust is one form of estate planning that is effective when made. They are designed to help avoid probate although many times a simple probate may still be…

Living Wills

What is a Living Will?

A Living Will is not a Will at all but instead of a document that specifies what you want done in the event you become injured or otherwise will not…

Wills

What is a nuncupative Will in Mississippi?

A nuncupative will shall not be established unless it be made in the time of the last sickness of the deceased at his or her habitation or where he or…

Wills

What is a residuary estate?

A residuary estate refers to the remaining assets and property of a deceased person after all specific bequests, debts, taxes, and administrative expenses have been settled. It is the portion…

Trusts

What is a trust estate?

The property that is transferred to a trust becomes the trust estate. A trust estate consists of all of the property, rights and obligations that are transferred to the trust.…

Trusts

What is a Trust?

A trust is a legal arrangement where one person or entity (the trustee) manages certain property or assets for the benefit of another person (the beneficiary) who actually owns legal…

Trusts

What is an accumulation trust?

Accumulation trust is an arrangement by which the settler directs the trustee to accumulate income and gains from sales of trust assets until the time specified in the document that…

Trusts

What is an active trust?

Active trust is a trust in which the trustee has some affirmative duty of management or administration besides the obligation to transfer the property to the beneficiary. An active trust…

Wills

What is involved with creating a pour over will and a living trust?

A living trust is a trust established during a person’s lifetime in which a person’s assets and property are placed within the trust, usually for the purpose of estate planning.…

Probate

What is Probate vs. Administration?

You may see the terms Testate and Intestate. Testate means a person died without a Will. Intestate means a person died without a Will. It cost less to probate (file…

Wills

What is relationship between a power of attorney and a will?

No, a person with power of attorney does not typically override a will. The power of attorney is a legal document that grants someone (the agent or attorney-in-fact) the authority…

Wills

What is the basis for a will contest?

If there are legitimate questions about the validity of a will, a will contest should be brought promptly. In virtually all states, there are specific time limits on the right…

Uncategorized

What is the difference between a Living Trust and a Living Will?

What is the difference between a Living Trust and a Living Will? A Living Trust is made to transfer property and is often used to avoid probate. A person creates…

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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