Estate

Many people understand the premise of a power of attorney.  Typically, a person through their estate planning will draft a power of attorney in order to put a person in charge of their affairs upon their inability to handle their own affairs.  But what happens if a...

At Gibson & Mullennix, we have handled all types of probate issues.  On occasion we represent creditors of an Estate.  Sometimes a person passes away before all of their debts and financial affairs can be resolved. Mississippi Code Annotated 91-7-149 governs the...

In Mississippi, a will requires the signatures of two witnesses.  Previously, wills were made with the witnesses of the wills signatures and then attorneys would locate the person after the death of the creator of the will. However, this has become less practical as...

Lawyers changed their way of preparing deeds for homestead properties sometime in the nineties.  It became general practice to set up deeds as joint tenants with rights of survivorship, and not joint tenants.  Prior to that, joint tenants was the method of transfer....

Remember to always pay your property taxes.  This simple reminder can save you and your family a lot of headache during the probate process or even years after. Your local County's Chancery Clerk and County's Tax Collector will likely have information on the parcel of...

Estate cases affect families differently.  Sometimes Estates deal with people in the twilight of their lives, and other times it deals with people in the primes of their lives. When dealing with the death of a spouse, the surviving spouse oftentimes is left with a...

One of the most frequent questions we get about the probate process is-How long will this take? The simple answer is-IT DEPENDS.  There are a number of factors that determine how fast an estate will be closed, but the answer depends on how fast each step in the...

  When people use the term Estate that simply means a person's belongings at the time of their death, whether it be land, vehicles, or bank accounts. An estate typically has property in two different categories-personal property and real property.   Personal...

Pursuant to Section 91-7-322 of the Mississippi Code, persons are allowed to file a small estate affidavit.  But in 2020 the amount of estate permitted increased.  The total amount of the Estate now may be up to $75,000.00. All other elements of the statute remain the...

A common question for people seeking probate attorneys is the issue of life insurance proceeds, mutual funds and 401k distributions.  These assets more often than not pass outside of the Estate.  Typically, the person who passes away sets up a beneficiary on these...