The Mississippi Court of Appeals recently ruled that real property that is “exempt” from creditor claims within a probated estate of a deceased Medicaid beneficiary, are not subject to Medicaid’s recapture rights. Federal law requires all states that participate in the Medicaid program to recover the costs of care of a beneficiary against that beneficiary’s [...]
In order to transfer someone’s assets after their death, their estate usually needs to go through probate. Probate is the process of transferring title from a deceased person to their successors and heirs, including the management of death real property. The probate process is overseen by a court. The primary two purposes of probate are [...]
Mississippi estate law covers how your assets are managed and distributed after you die. If you’re looking to draft a will, create a trust, or understand what happens if you pass without a will, this guide will help you navigate the essentials. Key Takeaways Mississippi estate law involves key documents such as wills, trusts, and [...]
Divorce is not inevitable, but many people find the divorce process and the thought of ending their marriage extremely difficult when they are just planning the wedding itself. However, a strategic wealth plan can be an important component of asset protection planning. Consulting with a family law attorney can provide valuable guidance in creating a [...]
The very definition of a revocable trust means that you are able to amend a living trust in a few different ways. You can, for example, prepare and sign a trust amendment form that is valid under your applicable state law, ensuring that your trust documents comply with state regulations. This makes an amendment or [...]
Many people already know that the cost of nursing home or long term care in their older ages can be extremely high. The average cost of nursing care in a nursing home in the United States can easily go above $70,000 a year, and according to a Georgetown University Medical Center study, this has risen [...]
Jackson, Mississippi Wills and Estates Lawyer Answers, “What Happens to a Deceased Person's Debts When They Die?” Mortgages, loans, credit cards, even medical bills…nearly every wills and estates lawyer in the Jackson, Mississippi Metro Area is asked about what happens to a person’s debt when they die. It doesn’t seem quite fair for your descendants [...]
An interesting article on myjourneytomillions.com explores whether handwritten wills are valid, and whether individuals are better off drafting a handwritten will than they are using a do-it-yourself service like legalzoom, or hiring a lawyer. In Mississippi, a handwritten will, which is called a “holographic will”, is legal as long as it is completely in the [...]
Most people can accept the fact that taxes are going to be levied and they simply make out the check dutifully and put the unpleasant matter behind them. But how would it feel if that tax bill kept being presented over and over again? This is the spiral that the estate tax brings with it, [...]
While you’ll create your will while you’re still alive, it will be one of your loved ones sorting through your paperwork to find it once you pass away. If you have multiple documents or it’s not easy for them to find, it’s easy to make mistakes about what the existing will includes or if it’s [...]
