Wills
Executor or Personal Representative Duties, Powers and Responsibilities
This involves where there is a will. If there is no will, most of the same duties and responsibilities apply. The executor should not dispose of assets until letters of…
Cost of Estate Planning
Clearly the cost of estate planning varies among attorneys based on time involved, whether estate taxes are involved and other factors. In a good number of situations, the quality of…
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…
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…
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…
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…
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…
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…
Can I leave property in my Will that is already in a Trust?
No. The property would be controlled by the terms of the trust and if you try to leave it in your Will it will have no effect.
Where should I keep my will?
Once your will is written, store it in a safe place that is accessible to others after your death. Consider keeping it in a fire proof box that you can purchase…
Existence of a Will is being denied
I am the heir to my father’s estate, since he allegedly died without a will. However, a family member has a photocopy of a will that they want to submit…
Bank will not release certificate of deposit to estate without probate.
The bank holding my deceased mother’s certificate of deposit and will not distribute the funds to her estate without her will being probated. Can the bank require my family to…
Does a will change named beneficiaries for life insurance policies, pensions, and similar accounts?
No. The person or persons you have properly designated as the beneficiary of your life insurance policy, a joint bank account, an IRA, or 401(k) or other retirement plan will…
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…
What role does the personal representative (Executor) play under a will?
Responsibilities of the executor or administrator may include: gathering up and protecting the assets of the estate, obtaining information in regard to all beneficiaries named in the will and any…
When should a last will and testament nominate a guardian and what role does a guardian play with respect to minor children?
A Guardian is the person who is responsible for the health, education and welfare of minor children. Technically there is a Guardian of the Person and a Guardian of the…
What reasons are there to change or update a will?
Typical reasons for changing or updating a Will are: (1) You marry or divorce; (2) Birth or adoption of child; (3) Death of a family member or beneficiary; (4) Changes…
Can a parent disinherit a child?
Generally Yes. To do so, it is advisable to specifically say in the Will that the omission is intentional. Often Wills have language along these lines: “I have previously taken…
Can I disinherit my spouse?
Not completely, unless you and your spouse have waived the right to be included in the other’s estate in a prenuptial or postnuptial agreement. Each state has laws that shield…
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.
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…
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…
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:…
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…
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)…
When should a will be prepared and signed?
A Will needs to be prepared and properly executed (signed by the testator or testatrix and witnesses) while you still have legal capacity. A testatrix is a legal term referring…
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…
Does a will cover all my property?
No. For example, if you own pension plan assets, or 401(k) plan assets, or life insurance, or annuities, or property held through a “Trust”, such property and benefits would typically…
Why should I have a Will?
A last will and testament will enable you to provide for such things as: Who will receive the property you own at your death; Who will handle the distribution of…
Can a witness to a Will be a named beneficiary in Mississippi?
Generally no. Property left to a witness to a Will is void. An exception exists if the beneficary is entitled to something from the deceased under the laws of intestate…
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,…
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…
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…
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…
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…
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…
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…
Can I disclaim an interest in a property in Mississippi?
I was left property 5 years ago when I was minor and am now 20 years old. I don’t want the property and want to disclaim it. Can I still…
Can I disclaim property in Misssissippi
Yes. Just follow the disclaimer laws in Mississippi. Contact me.
Does Mississippi law allow a person to disclaim left by Will?
Yes. You have the right to disclaim property left to you by Will provided you follow the Mississippi laws dealing with disclaimera.
Can a surviving spouse claim an elective share in Mississippi?
Yes. there are laws to protect a surviving spouse in Mississippi and cannot be left out of the Will of her or his spouse. If there is a separate estate…
Can a surviving spouse waive share of estate in Mississippi?
Yes. A spouse can disclaim what her spouse left her and disclaim what she would have received if she reounced what she was to receive in her spouses Will. This…
Can a surviving spouse claim a share in the properties of her deceased husband in Washington?
Yes, she can claim and she will receive an amount equal in value to that which she would have received if her husband had died intestate. This would be true…
What is the elective share of the surviving spouse in Mississippi?
My husband’s will give away all our joint property to his son. You can reject (renounce) the property given to you in his will and receive what you would have…
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…
Who pays estate taxes if I don’t specify that in my Will?
If I make a will in Mississippi and do not specify that the estate pays for all the inheritance taxes? If there are estate taxes owed the estate would generally…
How do I prove my grandmother left her land to me?
There would be a Will or a Conveyance to you or if you are the only heir an estate or heirship affidavit showing you as the sole heir. If sole…
Hi I live in Philippines and my Husband died. His son in US says Will was made before we married.
Hi I live in Philippines. We were married year 2010 in Las Vegas and relocated in Philippines 2014. My husband passed away May 2016. He had a son in his…
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…
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…
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.…
Will not changed after spouses married?
Spouse passes without changing Will before we married? Do I have a legal leg to stand on. If you married after the Will was executed you are entitled to receive…
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…
How can one revoke a Will in Mississippi?
There are several ways to revoke a Will. Here are some of the methods to revoke a Will in Mississippi: A will can be revoked by the execution of a…
How can one revoke a will in Mississippi?
Here are common methods to revoke a Will in Mississippi: A will or any part of it can be revoked by executing a subsequent will that revokes the previous will…
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…
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…
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.
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,…
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…
Can an 18 year old make a will in Mississippi?
A Will can be made in Mississippi by a person 18 years of agee or older.
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…
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…
What should I do with his Will after the death of the testator?
The Will can be probated by the person named as executor in the Will so contact that person. If you, then you can probate. If there is no property to…
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,…
Do I need a lawyer to change my Will?
No. You do not have to have an attorney to make it legal. However, there are situations where getting a lawyers assistance can help to and make sure the Will…
Can a spouse revoke a will made prior to divorce that included his ex-wife?
I met my husband after two months of his divorce from his ex-wife. We have one son from our marriage and live in Maryland. My husband made a will before…
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…
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…
Can a 17 year old make a Will in Mississippi?
I live in Mississippi. I am 17 and graduated high school early. I work full time and live with my parents. My Grandfather left me some money when you died…
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…
Can my unsound brother make a will and transfer his property to me in Mississippi?
My brother is mentally challenged and lives with me. I have been taking care of my brother. There are a couple of properties in my brother’s name and I manage…
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…
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…
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:…
Can I be Named Executor, Trustee and Beneficiary in a Will?
Yes, one person may be executor, trustee, and beneficiary in a will. It is similar to the way roles may be shared under a trust agreement, where the same person…
Do adopted children inherit in Mississippi if not named in Will of a non-adopting parent?
My grand aunt passed away recently leaving a will in which she has given equal shares of her property to all her grand nieces and nephews. She had no child…
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…
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…
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.…
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
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.…
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…
Can a stepchild inherit from stepfather in Mississippi?
No. There are no rights of step children to inherit unless left property in a Will of stepfather.
XI was born out of an embryo transfer. Do I inherit from my Parents?
A child born to a recipient intended parent out of an embryo transfer shall be presumed to be the legal child of that parent. So, you have all rights in…
Why must I wait a year to get my share of the estate of my Mother?
It may be that the funds will not be disbursed to heirs until all creditors are paid and the estate fully administered. Heirs usually do not receive their share of…
How do I sign a Will, keep it and when do I make changes in Mississippi?
Your Will must be signed in front of two adult witnesses both present when the Will is signed by you and each other. Since your Will may contain a self-proving…
How can my girlfriend and I agree to leave our property to our Children?
People sometimes promise to leave all or part of their estates to a particular person or persons. This is often called a “contract to make a will,” but the promise…
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…
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…
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.
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…
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,…
If my Son dies with no wife or children or Will, who receives his estate?
brothers and sisters and father and mother
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…
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,…
How do I leave Corporate property in a Will in Mississippi?
The answer depends on a lot of things not know. But generally if the property is real estate titled in the name of the Corporation you cannot include it in…
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…
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…
Can the Same Person be Named Executor, Trustee, and Beneficiary in a Will?
Yes, one person may be executor, trustee, and beneficiary in a will. One person can often also serve as two of the three people in a trust agreement. That is,…
Are Expenses of Administration a Debt of the Estate?
A clause in my downloaded will states that all debts will be paid from the residuary estate. Do debts include ‘expenses’, i.e. expenses of administration? Expenses of administration are considered…
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…
Executor will not show chidlren the Will. How do I see it?
If the Will was not probated, you can file to compel production of the Will or even file to open an estate and compel production of the Will as well…
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…
Do children have rights in Mississippi to their father’s estate?
In Mississippi children do not have to be named in a Will. If he made a Will but did not leave anything to his children, the children have no rights…
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…
Can I name a person not a family member in my Will as executor?
Any legal adult may execute a last will and testament in Mississippi and appoint any other legally competent adult, or even a Bank, as executor whether or not a family…
Who gets 401K’s not included in a Will in Mississippi?
The answer will depend on the language of the will and whether it contains a residuary clause. A residuary clause deals with the remainder, or the “residue” of the estate,…
Do I have to pay taxes on real property I inherit when I sell it?
Yes. But the general rule is that the recipient’s basis for inherited property is stepped up from the decedent’s cost to the asset’s fair market value at the decedent’s date…
Can I probate a Copy of a Will where original cannot be found in Mississippi?
It is possible to probate a copy of a Will provided you meet the requirements of law regarding same. Those requirements include that the original Will was not destroyed by…
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. …
How Do I Find Out the Value of My Ex-Mother-in-Law’s Estate?
When a will is probated, it is filed with the court and becomes a public document unless it for some reason is ordered sealed. Filings by the executor, such as…
Will a pour over Will Avoid Probate in Mississippi?
No. You have a living trust and that property will pass under the trust and not probate. However, there is almost always something that you own not conveyed to the…
For bank accounts and life insurance held in trust can I name the trustee as beneficiary?
There should not be a problem making the trustee beneficiary provided the terms of the trust do not effect your right to leave the assets to the trustee.
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…
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…
Who Inherits the Property if One of the Heirs in a Will is Deceased?
when my grandmother passed away her will read that her two children were to split everything in half . What happens when one of them children being my mother has…
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.
Can I amend my Will with a Codicil in Mississippi?
Yes, a codicil can be used to amend your Will in Mississippi. A codicil is a written supplement to a person’s will, which must be dated, signed and witnessed under…
Do I have to follow the directions provided in a Will as Executor?
Executors are required to carry out the provisions of a Will to the extent they are legal. However, beneficiaries can disclaim property given to them in the Will and make…
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.…
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…
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…
Can an Adopted Child Inherit the Share of a Deceased Heir?
The answer will depend on the language of the will. Adopted children generally have the same right to inherit from the adoptive parent as a biological child, regardless of notice…
Do I Have a Right to See My Mother’s Will?
Can I obtain a will for my dead mother who passed in August of 2009? My brother who is executor and I do not speak. Is there a way to…
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…
Can I initial changes I want to make in my Will?
No. A Will or amendment (codicil) must meet the requirements of Mississippi law and there has to be two witnesses and other requirements.
Can I still act under a power of attorney if the person appointing me died?
No. It becomes invalid the moment the person dies. You will need to probate a Will if there is one and probate is needed, or if a trust use the…
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…
Do I have to include a stepchild in my Will in Mississippi?
No. You do not have to include children or stepchildren. It is recommended that you name all children and stepchildren and provide they are to receive nothing, or something like…
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.
Do I need a Will if all property is owned jointly?
It is a broad statement to say “all” property is owned jointly. Also, there are different types of jointly owned property and that may make a difference. Regardless, you should…
Do I have to leave property to my children in my Will?
You do not have to leave anything to your children in your Will in Mississippi. However, you should mention them and leave them $1.00 or something to make it clear…
Can An Ex-Spouse Receive Life Insurance Policy Benefits if Disinherited in the Will?
A life insurance policy is typically a transfer on death asset that passes outside the probate estate that is governed by the will. As a transfer on death asset, it…
Who will receive property left in a house of the deceased?
If a Will, the people specified, or the people specified in a residuary clause in the Will. If no Will, then it is controlled by the laws of intestate succession. …
Does a Trust Void A Will?
No. The fact that a trust exists doesn’t automatically void a will. A trust and a will may exist as completely separate legal documents.
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…
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…
How Do I Locate the Contents of the Will of My Mother?
A will is not a public document until filed in court. Typically, the will isn’t filed until death of its maker, allowing probate proceedings to take place.
Do I Need to Settle Property Dispute Before Putting Property in a Will?
No. But you should specify in your Will that there is a dispute and if you do not own it at your death leaving it in your Will would be…
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…
Can a stepchild inherit from stepparent in Mississippi?
If the stepparent names you in a Will, Trust or to receive property outside probate, such as a bank account where you are named as a POD (Pay on Death)…
Why do I need a will if my children are grown and my wife is to get everything?
A will is vital to ensure that the wishes of the deceased are carried out. A will is used to distribute personal property, real property, money, and particular items to…
How do I make a Will legal, other than having it notarized?
In Mississippi your Will does not have to be notarized. It has to be executed by you in front of two witnesses who sign to witness the Will. You have…
Can I leave my home to my church and not my spouse or children?
You don’t have to leave it to your children. You can decide not leave home to your spouse in your will, but a spouse has a right to renounce a…
What is the statue of limitations for probating a last will in Mississippi?
Mississippi does not have a statute of limitations for probating a will.
Are life insurance benefits considered part of a decedent’s estate?
I have 2 life insurance policies. One is a personal policy with a death benefit of approximately $160,000. The second is a policy where I work that carries a death…
Estate Attorney or Probate Attorney in Mississippi. Which is needed in Mississippi?
In Mississippi there really is no distinction. Attorneys usually do not label themselves as Estate Attorney or Probate attorney. You should, however, use an attorney who commonly files in Probate. …
Can I get a copy of a Will I am named in?
If the maker of the Will has died and a Probate proceeding opened, the Will is public record and you can see it at the clerks office. Chancery Clerk of…
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…
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.
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…
What is the difference between a will and a living will in Mississippi?
What is the difference between a Will and a Living Will? A Will or Last Will and Testament is what you make to show who you want to receive your…
Can the agent and executor witness a Power of Attorney and Will?
You also stated you are a Son of the person to make the power of attorney and Will. The answer is no in regard to the Will and Power of…
Do I need a Will or a Trust?
It all depends on many facts that are unknown. You may need a Will, Trust or Will and a Trust.
How do I keep my assets separate from my new Husband?
You can keep your assets in your name alone and not comingle them with your new husband. You can create a Will but in Mississippi unless you did a Premarital…
Can my husband and I make provisions in our will now for our unborn child?
My husband and I are expecting our first child in early March. We are working on our will now. Can we go ahead and include her in it with guardian…
How do we insure our home goes to our children without probate?
You can make a Living Trust and convey the property to the trust with the children as beneficiaries after you die or you can convey the property now using a…
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…
Do I have to pay debts of my deceased spouse?
In Mississippi, the estate should pay for the debts of the deceased spouse. If the debts are secured like real estate or a car the debts have to be paid…
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…
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…
Who cannot server as executor in Mississippi?
In Mississippi, here are some guidelines about who may serve as executor or personal representative of an estate. Minors: Individuals who are under the age of 18 are generally disqualified…
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…
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…
Can a minor make a will and leave things to someone other than his parents?
In Mississippi if you are 18 years of age or older you can make a will and leave your property to whom you like. However, if you are married your…
How do I locate any property my deceased father may have owned?
Determining if your father left you any property after his passing typically involves a legal and administrative process. Here are some, but not all, steps you can take to find…
What is the time frame for contesting a will in Mississippi?
It depends on the type of probate. If common form probate, 2 years from the date the probate concludes. If solemn form probate when it is final the will cannot…
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…
Can I name two executors in Mississippi?
Yes! If you’re referring to naming executors in a last will and testament or a legal document, you can certainly name two executors in Mississippi. An executor, also known as…
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…
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…
As executor, how do I handle creditors in Mississippi?
In Mississippi, you are required to make a reasonable effort to identify the creditors and send them a notice to file their claim in the probate proceeding within 90 days…
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.
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…
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…
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…
Who may have access to a probated will of a deceased person?
Generally, once a will is probated, it is public record. In some cases, wills are sealed. How long records are retained varies by court.
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. …
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”…
As a beneficiary, how can I see a copy of the will in Mississippi?
Typically, during the probate process, the will becomes a matter of public record. This means that interested parties, including named beneficiaries, may be able to access and obtain a copy…
Who would be the heir to the property if no will was left in Mississippi?
In Mississippi, if a person dies without leaving a valid will, their estate is distributed according to the state’s intestate succession laws. The specific rules for intestate succession can vary…
Can a son be held liable for his mother’s debt when she passes if she has no insurance or estate?
In general, children are not responsible for their parents’ debts unless they have co-signed or guaranteed those debts.
Do I have to include my children in my will?
In Mississippi, parents generally have the right to distribute their property according to their wishes in a will. This includes the ability to exclude certain children from receiving an inheritance. …
Can my father leave me his home if he is married when he dies?
In Mississippi, a surviving spouse has homestead survivorship rights that could affect the distribution of a deceased spouse’s property, including their home. Mississippi recognizes the concept of a homestead exemption,…
Can I receive my deceased husband’s pension?
Whether you are entitled to any portion of your deceased husband’s pension depends on various factors, including the specific pension plan, the terms of any beneficiary designation, and applicable laws…
Can I inherit from my biological father’s estate if I was adopted?
No. Your rights were terminated when you were adopted in Mississippi.
Can a spouse inherit property her husband was left to him by his grandparents in Mississippi?
In general, if your husband passed away without a will (intestate), the laws of intestate succession would come into effect. These laws determine how an estate is distributed when there…
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…
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…
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…
Can I leave everything to one of my children and not the others?
Yes. It is legal in Mississippi to leave all your property to one child. If a child is a minor different rules apply as to support of the minor child…
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.…
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…
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…
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.…
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.
Does our Will made in Nevada cover our property in Mississippi?
If the will is valid when made in Nevada, it is valid in Mississippi for property in Mississippi. However, certain Mississippi laws will apply to the will such as spouse…
