Creating a Last Will and Testament is one of the most important steps you can take to safeguard your family and assets. In Mississippi, it not only directs how your property will be distributed but also ensures your loved ones are cared for when you’re gone. Without one, the state decides how your estate is divided, which can lead to disputes, delays, and unnecessary stress for those you leave behind.
What Happens Without a Will in Mississippi
When someone dies without a will in Mississippi, the estate is handled through a process called intestate succession. The law generally prioritizes spouses, children, and other close relatives, but this default order may not reflect your personal wishes. If you have children from multiple marriages or want to leave assets to someone outside your immediate family, these rules will not account for that. A properly drafted will ensures your decisions take precedence.
Naming Guardians for Minor Children
A will allows you to designate guardians for minor children, an important choice if both parents pass away unexpectedly. Without that designation, the court decides who will care for your children, which may result in someone you would not have chosen. By naming a guardian, you ensure that someone you trust will raise your children according to your values and wishes, avoiding unnecessary challenges during an already difficult time.
Preventing Family Disputes
Even in close-knit families, dividing assets can spark conflict. A clear, legally valid will sets out your instructions in writing, greatly reducing the risk of lengthy and costly disputes. While it cannot eliminate every disagreement, it provides the court with guidance that is difficult to challenge.
Flexibility and Control Over Your Estate
Estate planning through a will also offers flexibility for complex situations. You can specify how assets should be distributed over time, set up trusts for minor children, or leave charitable donations. These options give you the ability to protect your family’s financial future while ensuring that your values are honored.
Including Specific Instructions in Your Will
A will is more than a list of who gets what. It is also your opportunity to leave detailed instructions for how your wishes should be carried out. You may outline how personal items with sentimental value should be distributed, specify who should handle your pets’ care, or give guidance for the maintenance of family property.
In Mississippi, these instructions help your executor and family members avoid confusion or disagreements. By being specific, you ensure that even the small details that matter to you are respected and handled exactly as you envisioned.
Legal Requirements for a Valid Will
It is important to understand that a will must meet specific legal requirements in Mississippi to be valid. The document must be in writing, signed by the person creating the will, and witnessed by at least two competent adults.
Improperly executed wills can be challenged in court, which may result in delays or unintended consequences. Working with an experienced estate planning attorney ensures your will meets all legal requirements, is properly executed, and stands up in court so your wishes are carried out exactly as intended.
Keeping Your Will Updated
Updating your will periodically is also crucial. Life changes, such as marriage, divorce, the birth of a child, or significant financial events, can impact your estate plan. A current will ensures that your instructions remain accurate and that your family receives the protection you intended.
Contact Our Legal Team To Learn More
Having a will in Mississippi protects your family, ensures your assets are distributed as you wish, and reduces the risk of disputes. Gregory D. Keenum, PA, helps residents create wills and estate plans tailored to their needs. Contact us today to secure your family’s future and leave a lasting legacy.