An executor is an officer of the court, if you will. They have a fiduciary relationship will all parties having an interest in an estate. This means that they have a duty of utmost care to all interested parties to an estate, including: creditors, heirs, and any individual who will receive property from the […]

This is a frequent question we get asked. The answer is always, yes. Here’s why – In Mississippi, Uniform Chancery Court Rule 6.01 requires every executor or administrator of an estate to be represented by counsel. The reason for this is because managing an estate can be a very complicated process and you can potentially […]

What is probate, exactly? Probate is the formal process that handles the distribution of the assets of the deceased. The probate process involves: Determining the validity of a will Ensuring taxes and debts are paid Documenting the property of the decedent Distributing assets under will and state laws The probate process varies from state. Some […]

2015 is quickly approaching and making a New Years Resolution to get your affairs in order couldn’t come at a better time. It’s important that your family has the proper authority to take care of your affairs, should anything happen to you by way of illness or otherwise. Where to Start It may seem like […]

Here’s a problem that many of my clients face at Morton Elder Law. They have an asset worth a fair amount of money, but they don’t have a lot of liquid cash available. As they get older, their health starts to incur more expenses, and they’re forced to confront some tough decisions if they want […]

Thanks to the Mississippi Qualified Disposition in Trust Law, you are actually able to create a trust for yourself that is protected from the claims of your creditors. Specifically, rather than merely being the beneficiary of a trust that someone else created (such as a parent), you can actually establish it on your own. It’s […]

Which scenario sounds better to you? In the first scenario, you receive an inheritance outright, resulting in money that can be snatched away from you through the following and more: Tax liens Divorce Creditor claims In the second scenario, you receive an inheritance through a trust and are named as both the trustee and a […]

Ordinarily, when you think of setting up a trust for your heirs to inherit your assets, you probably are thinking of human beneficiaries. Well, times have changed. As of July 1, 2014, it’s actually possible to designate pets as beneficiaries! This is based on the passage of the new Mississippi Uniform Trust Code–specifically, Section 91-8-408. […]

We looked at an interesting contrast between two estates last week. This week, I want to touch on the use of the conservatorship, another tool in the estate planning toolbox. Here’s the situation. A woman’s husband was medically incompetent with dementia and terminally ill, but had $16,000 in the bank. His children materialized out of […]

Here’s the story of two estates that looked virtually the same on paper as they crossed my desk. Each estate had a single parent who died and left assets to four children. Both estates also had a house and about $250,000 in liquid assets to distribute to heirs. Where they differed, as you might have […]