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Mississippi Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning for Mississippi on

Q: What’s the best way to leave property to someone that is not a direct heir?

I have an uncle that wants to leave some property to my under age son, upon my uncle’s death. He has children of his own and I don’t want it to be an issue for my son when the day comes. This is some nice real estate and a decent amount.

Arthur Calderon answered on Feb 5, 2019

He can always amend his deed to make it where he and your son share an interest in the property with rights of survivorship, or he can draft a will indicating that that particular property goes to your son upon his passing.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Mississippi on

Q: My mother died 6 years ago;she has 2 acres;a cottage on it which is both in her name only. what legal steps do I take?

she had a husband and us three kids she left behind . Her husband which is my step father passed away a couple months ago. I'm trying to figure out whose names it should all be in, what are the best legal steps to take . Also my step father has two other children , that are not my moms. Would i... Read more »

Arthur Calderon answered on Dec 19, 2018

It would really depend on how the deed was set up. Regardless, it sounds like you may need to consult with an attorney to discuss opening up an estate to handle your mother and step-father's affairs.

1 Answer | Asked in Estate Planning and Probate for Mississippi on

Q: Do I need an attorney to get a affidavit of trust for closing a bank account for my deceased parent?

The bank requested this because my parent residence

was in the state of MS at time of death affidavit less than $50,000

Arthur Calderon answered on Dec 1, 2018

You will need to have the executor of the estate contact the bank and show them his/her credentials in order for the bank to even allow access the account. Typically, the credentials that the bank will look for will include an order opening the estate for the deceased parent, as well as an order... Read more »

1 Answer | Asked in Estate Planning for Mississippi on

Q: I have printed out a will, do I simply get notarized or do I have to file somewhere?

Arthur Calderon answered on Aug 22, 2018

Well...yes and no. You'll need to make sure that you follow the statutory guidelines to ensure that is considered a valid will. Unfortunately, signing and having it notarized is not enough to make it valid.

1 Answer | Asked in Estate Planning for Mississippi on

Q: What proof can a outside child who claims that my father is also her father provide as proof to be part of an estate

The outsider wants part of my dad’s estate

Arthur Calderon answered on Jun 12, 2018

She can establish paternity by DNA testing or through testimony from herself or others indicating that he held her out to be his child.

1 Answer | Asked in Estate Planning for Mississippi on

Q: Would someone please explain to me the last half of paragraph J.

Arthur Calderon answered on May 20, 2018

Without knowing what paragraph J is, I'm not entirely sure anyone on this forum would be able to assist.

1 Answer | Asked in Estate Planning for Mississippi on

Q: My parents did not have a will our family home is in my mother's name. My parents verbally said the house was to be

turned over to me. What should I do to have the house put in my name.

Arthur Calderon answered on Apr 7, 2018

First and foremost, you will need to consult with an attorney to discuss the steps to open up an estate for your parent. Additionally, because we are talking about a family home, part of the analysis will hinge on how the relevant deed is set up.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Mississippi on

Q: I know for sure there are other heirs been this is my great grandma land. Will it be possible to still get it in my name

I have live on the land my whole life and have been paying the taxes.

Arthur Calderon answered on Mar 21, 2018

Possibly, depending on whether there is a will or your great-grandmother died intestate (without a will). You will likely need to consult an attorney to determine whether ---and to what extend--- you may have an ownership interest in the property.

1 Answer | Asked in Estate Planning for Mississippi on

Q: Heir Property, I would like to get it put in my name. I have been living on land all my life and paying the taxes.

What steps can I take and how much it might cost to get this down. I want to eventually get a house build.

Baskin Lowber Jones answered on Mar 18, 2018

The most common way to clear up title on land is to open an estate on the person who has died if you are their direct descendant with no other descendants. There are other ways, but this would likely be the most direct route.

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on

Q: We wanted to leave our land and store to our grand-daughter, under the condition that it's not sold.

How do we go about leaving the land and the structures on it to our deceased son's daughter in our will (and makes sure our grand-daughter is going to keep it) over our daughter with this condition in place? Our daughter will attempt to take it from her and then sell the land as soon as we are... Read more »

Randall R. Saxton answered on Mar 8, 2018

Yes, you can set up a trust to transfer the assets into with your desired stipulations.

1 Answer | Asked in Estate Planning for Mississippi on

Q: In Mississippi do wills need a notary as well as witnesses

Randall R. Saxton answered on Mar 2, 2018

The will does not have to be notarized, but you should have the witnesses sign a Self Proving Affidavit which does require a notary.

1 Answer | Asked in Probate and Estate Planning for Mississippi on

Q: person passed put beneficiary not family, could we dispute the results if the decease had mental and depression issues..

Arthur Calderon answered on Feb 16, 2018

You're question is unclear. You would likely need to consult with an attorney to explain the situation to them so that they can advise you accordingly.

1 Answer | Asked in Estate Planning and Child Custody for Mississippi on

Q: My 12 year old daughter, has expressed for 2 years that she wants to come live with me (her dad). What are the details

Arthur Calderon answered on Feb 15, 2018

I'm assuming that your question goes more towards a custody modification. First and foremost, a copy of the custody order would be needed to see how custody is explained. The second thing would be for an attorney to talk with you about the standard necessary to modify custody (in which case,... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Mississippi on

Q: In the state of Mississippi does a person get ownership of a piece of property that was left to him in a will.

My dad and his wife had a loan together and they put all the properties up to secure the loan. Of those properties 3 of the properties are in my late dad's and wife's name. Which would easily pay the loan off. Would the properties that were left to me have to go up for sale as well? Or can I obtain... Read more »

Randall R. Saxton answered on Jan 24, 2018

A probate case would have to be opened to transfer the property to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on

Q: Want to set up a trust so land can't be sold, only passed to family members in Mississippi. What do I need for this?

Randall R. Saxton answered on Jan 16, 2018

You should contact an estate planning attorney to help you set up a trust.

1 Answer | Asked in Estate Planning for Mississippi on


Albert Pettigrew, Jr. answered on Jun 7, 2011

It depends on the terms and conditions of the Last Will and Testament or the Trust, or whatever instrument was used for the inheritance. If it is silent about who controls the money, the estate executor has a duty to transfer the inheritance to the child's guardian. If there is has been no... Read more »

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