While sitting in Hinds County Chancery Court this morning waiting to see the judge, I ran across an old friend representing an estate that is a good example of what happens when proper planning is not done.  His client died at age 44, leaving behind a wife and two minor children.  He owned a business […]

The Mississippi AG along with AG's from 29 other states, has sent a letter to the Center for Medicare and Medicaid Services asking that it suspend its current state by state nursing home rating system.  Under the current rating system, nursing homes within a state are compared against one another for various criteria on a […]

Steve McNair's two oldest sons have gone to court demanding their share of his estate. Steven L. McNair Jr. and Steven O'Bryan McNair filed claims Thursday in the Probate Division of Davidson County Circuit Court.  Steve McNair did not have a will, and his estate will be divided under Tennessee's intestacy law.  The estate is […]

Solomon tells us that "Plans fail for lack of counsel, but with many advisers they succeed."  Proverbs 15:22.  To this, the Mississippi Division of Medicaid would add, "…until Medicaid taketh away."  The Mississippi Division of Medicaid has circulated a directive to all of its regional offices instructing case workers to only allow up to $2,000 […]

Recently the Mississippi Division of Medicaid has decided to spend taxpayer dollars to engage in a campaign informing people that they don't need to hire a lawyer to file a Medicaid application.  I thought I might suggest other "'I'm from the government and I'm here to help you" type of advice. "If Your are Charged […]

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 […]

The Mississippi Division of Medicaid has issued a warning "advising seniors, their families, and caregivers there is no fee associated with applying for Medicaid benefits" and asking that "so-called Medicaid 'planners' who charge to fill out Medicaid applications" be reported to the Medicaid fraud division. What the Division of Medicaid fails to state is that […]

I was recently consulted on a case involving a medicaid applicant under a special state Medicaid waiver program that would pay around $950 per month toward assisted living expenses.  The applicant had no money, and her only other asset was her house, which is an exempt asset under Medicaid.  As a result, the applicant qualified […]

The late Mayor Frank Melton died leaving a sizable estate with assets in both Mississippi and Texas. Despite his considerable means, Melton died without a will.  Texas is a community property state, whereas Mississippi is not, which may result in some differences as to how assets are distributed, depending on the state in which they […]

Contrary to predictions of controversy over the Steve McNair estate made here and elsewhere on the web, Forbes reports that no dispute exists between the various factions of the McNair family.  According to the report, everyone in the family is aware of the football player's wishes with respect to caring for his children, both from […]