Mississippi Estate Planning Questions & Answers

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

1 Answer | Asked in Estate Planning for Mississippi on
Answered on Feb 5, 2019
Arthur Calderon's answer
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.

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?

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Mississippi on
Answered on Dec 19, 2018
Arthur Calderon's answer
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.

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

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Answered on Dec 1, 2018
Arthur Calderon's answer
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 appointing an executor or administrator over the estate. That person, in turn, will be the only capable of accessing any sort of accounts or other material (assuming no other name was put on there) and...

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

1 Answer | Asked in Estate Planning for Mississippi on
Answered on Aug 22, 2018
Arthur Calderon's answer
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.

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

1 Answer | Asked in Estate Planning for Mississippi on
Answered on Jun 12, 2018
Arthur Calderon's answer
She can establish paternity by DNA testing or through testimony from herself or others indicating that he held her out to be his child.

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

1 Answer | Asked in Estate Planning for Mississippi on
Answered on May 20, 2018
Arthur Calderon's answer
Without knowing what paragraph J is, I'm not entirely sure anyone on this forum would be able to assist.

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

1 Answer | Asked in Estate Planning for Mississippi on
Answered on Apr 7, 2018
Arthur Calderon's answer
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.

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

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Mississippi on
Answered on Mar 21, 2018
Arthur Calderon's answer
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.

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.

1 Answer | Asked in Estate Planning for Mississippi on
Answered on Mar 18, 2018
Baskin Lowber Jones' answer
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.

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

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on
Answered on Mar 8, 2018
Randall R. Saxton's answer
Yes, you can set up a trust to transfer the assets into with your desired stipulations.

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

1 Answer | Asked in Estate Planning for Mississippi on
Answered on Mar 2, 2018
Randall R. Saxton's answer
The will does not have to be notarized, but you should have the witnesses sign a Self Proving Affidavit which does require a notary.

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

1 Answer | Asked in Probate and Estate Planning for Mississippi on
Answered on Feb 16, 2018
Arthur Calderon's answer
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.

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

1 Answer | Asked in Estate Planning and Child Custody for Mississippi on
Answered on Feb 15, 2018
Arthur Calderon's answer
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, assuming you meet the requisite threshold, a 12 year-old's choice does carry some weight).

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

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Mississippi on
Answered on Jan 24, 2018
Randall R. Saxton's answer
A probate case would have to be opened to transfer the property to you.

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?

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Answered on Jan 16, 2018
Randall R. Saxton's answer
You should contact an estate planning attorney to help you set up a trust.

Q: MINOR INHERITANCE FROM GRANDMOTHER, IS GRANDDAD OVER THE MONEY, DOES MOTHER HAS ANY RIGHT TOM THE MONEY, DAUGHTER LIVES

1 Answer | Asked in Estate Planning for Mississippi on
Answered on Jun 7, 2011
Albert Pettigrew, Jr.'s answer
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 probate of the estate by an executor, anyone can apply to be the temporary administrator in order to protect the assets.

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