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.  It is best to name them and leave them for example $1.00 to make things clear.

However, it’s important to note that Mississippi law does provide protection for children who are unintentionally omitted from a parent’s will. Under Mississippi Code Section 91-5-3, if a child is born or adopted after the execution of the parent’s will and is not provided for in the will, the child may be entitled to a share of the estate equivalent to what they would have received had the parent died intestate (without a will).

Additionally, Mississippi law also recognizes the concept of an “elective share” or right to reonunce for spouses. A surviving spouse may have the right to claim a portion of the deceased spouse’s estate, regardless of what is stated in the will.


If you view this content and need to ask a related question or need services that relate to this question, Contact me.

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. Laws change so you need to check for any updates by current laws in Mississippi.