Will Writing Service in Mississippi

Residing in Mississippi and considering making a Will, below is an overview of the importance of having one, the laws governing making one, and the steps required when you decide to write one.

How Much Does it Cost to Write a Will in Mississippi?

The cost of writing a will in Mississippi can vary widely depending on the method chosen. It can range from nothing to $200 when using do-it-yourself legal kits.

A simple will drafted by a lawyer typically costs between $300 and $1000, while more complex estate plans can cost between  $1000 and $3000 or more.

Can I write a Will without a Lawyer in Mississippi?

Yes, in Mississippi, it is possible to draft a will without legal assistance. You’re ready to write a will if you know who will handle your estate, what you own, and to whom you wish to leave them. The state accepts both handwritten and wills made with do-it-yourself legal kits. It is advised that one speak with a lawyer, particularly in cases involving complex estates, to guarantee that one’s will is both legally binding and appropriately reflects one’s intentions.

Is it Legal to Write Your Own Will in Mississippi?

Yes, in Mississippi, a will may be made by any person who is at least eighteen years old and of sound mind. 

However, a Will must meet specific legal requirements to be enforceable, including being signed by the creator, witnessed by at least two people, and notarized.

Does a Will in Mississippi Need to be Notarized?

No, in Mississippi, a will’s legal validity is independent of whether it is notarized. However, notarization expedites the probate process by making a will self-proving.  

The witnesses to a self-proving will attest to having seen the will signed in front of a notary public by signing an affidavit. 

Do I Need a Lawyer to Make a Will in Mississippi?

No, you do not need a Lawyer to make a Will in Mississippi. However, one can consult a lawyer who can ensure your will meets all legal requirements, accurately reflects your wishes, and addresses complex situations.

Do I Need a Lawyer to File a Will in Mississippi?

No, while it’s usually beneficial, filing a will in Mississippi does not require legal representation. A person’s will must be submitted to the chancery court in the county where they passed away. Even though anyone can draft their own will and manage the probate process, legal counsel can be invaluable, particularly in cases involving larger estates or potential conflicts. 

Are Online Wills Legal in Mississippi?

No, the state of Mississippi does not recognize digital-only wills. When you make a will online in Mississippi, you must print it out for you and your witnesses to sign.

How to Include Digital Assets in a Mississippi Will

Including digital assets in Mississippi will require you to begin by making an inventory of your digital assets (online accounts, cryptocurrencies, digital files, etc.) and then decide what should happen to each asset. 

Include specific instructions for each digital asset in your will. Consider appointing a digital executor. Provide a method for accessing these assets, such as a secured list of passwords. 

It is essential to update your will regularly to account for new digital assets and update passwords.

How to Disinherit Someone in a Mississippi Will

To disinherit someone in a Mississippi Will, you should explicitly state your intention to disinherit the person. Name the person and identify your relationship with them. State that you are intentionally leaving them nothing. Avoid giving a reason for disinheritance to prevent potential challenges. Consider including a no-contest clause. Ensure your will is executed correctly to reduce the chance of a successful challenge.

How to Handle Debts and Liabilities in a Mississippi Will

When handling debts and liabilities in a Mississippi will, one needs to appoint and understand the role of the personal representative. The personal representative, whether executor or administrator, has a fiduciary duty to handle the estate’s debts properly. 

1. Appointment of Personal Representative. An executor should be named in the will, or the court will appoint an administrator if no executor is named.
2. Inventory of Assets and Liabilities. This inventory must detail all property and debts. It must clearly indicate the market value of assets and the nature and amount of any encumbrances on those assets.
3. Understand that valid debts must be paid before assets are distributed to beneficiaries.
4. Clarify which beneficiaries should receive assets before or after debt repayment, if applicable.
5. Be aware that your personal representative may be held personally liable if they distribute assets before paying certain debts, especially those owed to the federal government (taxes).
6. Consult with a financial advisor or estate planning attorney for complex financial situations.
7. Ensure your will gives your personal representative the authority to handle debts according to Mississippi law.

How to Provide for Minor Children in a Mississippi Will

To provide for minor children in a Mississippi Will, name a guardian, establish a trust to manage assets for your children, and name a trustee to manage the trust. 

How to Store Your Mississippi Will Safely

When it comes to storing a will in Mississippi, there are several secure options to consider. Regardless of where you store your will, inform your executor and beneficiaries of its location and consider keeping signed copies of your will with your attorney, which may be admitted to probate if the original is lost.

1. Safe Deposit Box. A safe deposit box offers high security against theft and damage. Ensure your executor and beneficiaries know the location of the safe deposit box. Grant your executor legal access to the box, as some states require a court order for access after death.
2. Personal Safe. Store your will in a waterproof and fireproof safe. This protects against environmental damage and theft. Choose a large, heavy safe or one built into your home to deter theft. Inform your executor about the safe’s location for easy retrieval.
3. Attorney’s Office. An attorney can keep your will confidential and secure.  Ensure your executor knows which attorney holds the will.
4. County Clerk’s Office. Some county clerks offer storage for a nominal fee. Make sure your executor is aware of where the will may be stored.

How to Contest a Will in Mississippi

Contesting a will involves a legal challenge to its validity. It is typically initiated when an individual believes that a deceased person’s will does not accurately reflect their intentions or is otherwise invalid. Below are the essential steps and considerations for contesting a will.

The key steps begin with understanding the Grounds for Contestation:

• Testamentary Capacity: Determine if the testator had the mental capacity to make a will.
• Proper Execution: Ensure the will was executed by legal requirements, such as correctly signing and witnessing.
• Undue Influence or Fraud: Investigate if the testator was coerced into making the will or if fraud was involved.

1. Identify Who Can Contest. Anyone who would benefit from the estate if the will were deemed invalid can contest it, including heirs or beneficiaries from a prior will.
2. Consult an Attorney. Engage a probate attorney to navigate the complexities of will contests. They can provide legal advice tailored to your situation.
3. File a Caveat. When the will has not yet been submitted for probate, file a “caveat” to prevent it from proceeding without your notice. 
4. Commence Legal Action. You may file a suit to contest a will within two years after it has been probated. This involves formally challenging the validity of the will in court.
5. Gather Evidence. Collect evidence supporting your claims, such as testimonies, documents, or proof of fraud or undue influence.
6. Prepare for Court. Be ready for court proceedings, which may include a jury trial, as contests can be exceptions to the norm in Chancery Court.
7. Be Aware of Potential Risks. Understand that contesting a will can result in losing your inheritance if the will contains an “in terrorem” clause, which disinherits anyone who contests.
8. Consider Alternatives. Explore mediation or negotiation options to settle disputes without going to court, as many contests are resolved outside of litigation.
9. Stay Informed of Deadlines. Adhere to all legal timelines and requirements for contesting the will to avoid losing your right to do so.

What Are No-Contest Clauses in Mississippi Wills?

No-contest clauses in Mississippi wills are provisions that disinherit beneficiaries who challenge the will. They are generally enforceable in Mississippi and aim to discourage frivolous will contests. These clauses may not apply if there’s probable cause for contesting the will. They should be carefully worded to be effective. No-contest clauses can’t prevent challenges based on forgery or fraud and may be less effective if the challenger is wholly disinherited.

What is the Difference Between Probate in Mississippi and Kansas?

The difference between Mississippi and Kansas probate is that the local Chancery Court handles wills and estate matters in Mississippi, while the local District Court handles wills and estate probate in Kansas. 

How to Handle Foreign Property in a Mississippi Will

To handle foreign property in a Mississippi will, 

1. List all foreign properties in your will. 
2. Creating separate wills for each country where you own property. Ensure each will comply with local laws. 
3. Coordinate with foreign legal experts. 
4. Address potential international tax implications.
5. Regularly review and update your will as regulations change.

How to Make a Will for Same-Sex Couples in Mississippi

Making a will for same-sex couples in Mississippi follows the same legal process as for any other couple. The will should clearly define the status of the relationship and may require extra attention to beneficiary designations. 

You may benefit from additional estate planning tools like trusts. Address parental rights and guardianship if relevant. Consider consulting with an attorney from LegalPen who is experienced in relevant estate planning.

How to Plan for Pet Care in Your Mississippi Will

To plan for pet care in your Mississippi will, name a caretaker for your pets, provide detailed care instructions, set aside funds for pet care (consider a pet trust), name alternate caretakers, and describe each pet to avoid confusion. Consider the pet’s lifespan when planning. Update your will as pets or circumstances change.

How to Handle Business Succession in a Mississippi Will

When handling business succession in a Mississippi will, clearly state your intentions for the business. Name a successor or plan to sell the business. Create a separate business succession plan. Address how business debts and assets should be handled. Plan for potential tax implications. Consider the impact on other beneficiaries. Regularly review and update as the business changes.

How to Handle Out-of-State Property in a Mississippi Will

To handle out-of-state property in a Mississippi will, 

1. List all out-of-state properties in your will. 
2. Create separate wills for each state with the property. 
3. Understand potential ancillary probate requirements. 
4. Placing out-of-state property in a trust. 
5. Regularly review and update as laws or property ownership changes.

What is the Difference Between Holographic wills and Statutory wills in Mississippi?

Both types must still meet basic legal requirements to be valid; however, the differences between holographic and statutory wills in Mississippi are: