Estate Planning Attorneys

With esate planning at Rushing & Guice, PLLC, we help individuals and families across the Mississippi Gulf Coast plan for the future with confidence and clarity. A surprising number of Americans—nearly 70%—pass away without a valid will or estate plan, forcing loved ones to deal with probate, legal uncertainty, and unnecessary emotional stress during an already difficult time.

Our estate planning attorneys take the time to understand your unique goals and craft tailored solutions to protect your assets, reduce tax exposure, and provide clear guidance for your loved ones. Whether you’re preparing a simple will, establishing a trust, or developing a comprehensive estate strategy, we provide experienced legal counsel grounded in precision, professionalism, and compassion.

With decades of experience serving Biloxi and surrounding communities, we’re committed to helping you create a secure and legally sound plan that honors your wishes and supports those you care about most.

What Is Considered an “Estate” in Mississippi?

In Mississippi, your “estate” refers to the totality of your assets—real estate, bank accounts, personal property, investments, and even digital assets—that may need to be managed or distributed after your death or incapacitation. Estate planning is the process of organizing these assets in advance to ensure your wishes are clearly documented and legally enforceable.

At Rushing & Guice, PLLC, we help clients throughout Biloxi and the Mississippi Gulf Coast create estate plans that reflect their values, family needs, and long-term goals. A comprehensive plan often begins with a will, which allows you to name beneficiaries, designate a guardian for minor children, and appoint an executor to carry out your instructions. Beyond a will, tools like revocable or irrevocable trusts can provide additional layers of protection, tax benefits, and flexibility in asset distribution.

Our attorneys bring decades of experience in Mississippi estate law to every plan we design—ensuring your estate is preserved, your family is cared for, and your intentions are carried out with clarity and confidence.

What is Estate Plan in Mississippi?

An estate plan in Mississippi is a personalized legal framework that dictates how your assets, healthcare decisions, and financial affairs will be managed in the event of your death or incapacitation. It serves as both a legal safeguard and a tool for protecting your family’s future, ensuring that your wishes are respected and your estate is handled efficiently.

A typical Mississippi estate plan includes a last will and testament, which names beneficiaries and appoints an executor to oversee the distribution of your property. Many individuals also choose to establish trusts—revocable or irrevocable—to shield assets from probate, reduce estate taxes, and provide long-term financial support to loved ones.

Additional components often include:

• Durable powers of attorney for managing financial matters
• Healthcare directives or living wills to guide medical decisions
• Guardianship designations for minor children

At Rushing & Guice, PLLC, we work closely with clients along the Mississippi Gulf Coast to build comprehensive, legally sound estate plans that align with their values, family dynamics, and long-term goals. A well-prepared estate plan provides clarity, minimizes conflict, and ensures a smooth transition for your loved ones when it matters most.

What is Probate in Mississippi?

Probate is the legal process by which a deceased person’s estate is administered and distributed under court supervision. In Mississippi, probate serves to validate a will (if one exists), appoint an executor or administrator, and ensure that all debts, taxes, and final wishes are properly addressed.

If the individual left a valid will, the court will:

• Authenticate the document
• Officially appoint the named executor
• Oversee the inventory and valuation of assets
• Ensure all debts and taxes (including any federal estate tax obligations) are paid
• Distribute remaining assets to named beneficiaries

If the deceased did not leave a will—a situation known as dying intestate—the probate process becomes more complex. The court appoints an administrator to handle the estate, and Mississippi’s laws of intestate succession will determine how assets are divided among surviving relatives.

At Rushing & Guice, PLLC, we guide families across the Mississippi Gulf Coast through each step of the probate process—helping to reduce delays, minimize disputes, and ensure legal compliance during a difficult time. Whether your loved one left a will or not, our team is here to provide trusted counsel and efficient resolution.

Strategies to Protect Your Assets from Probate in Mississippi

Avoiding probate is a key goal in many estate plans, especially for families looking to reduce legal costs, delays, and court oversight after the death of a loved one. In Mississippi, several proactive strategies can be used to keep property out of probate and ensure a smooth transfer of assets to your beneficiaries.

At Rushing & Guice, PLLC, we help clients structure their estates in a way that legally bypasses the probate process wherever possible. Common methods include:

Joint Ownership of Marital Assets

When spouses co-own property—such as homes, vehicles, or financial accounts—the surviving spouse typically retains full ownership without the need for probate.

Payable-on-Death (POD) Designations

Bank and investment accounts can be converted into POD accounts by naming a beneficiary. The funds transfer directly to the named individual upon death, bypassing the probate court entirely.

Joint Tenancy with Rights of Survivorship

Real estate and other property titled this way automatically pass to the surviving co-owner without being subject to probate proceedings.

Revocable Living Trusts

By placing assets into a living trust during your lifetime, you retain control over the property while naming beneficiaries who will receive those assets directly after your death. Trust-based estate plans are among the most effective tools for avoiding probate in Mississippi.

With the right guidance, you can protect your legacy and spare your loved ones the stress of court proceedings. Our estate planning attorneys will walk you through each option and build a customized plan that aligns with your goals.

Are There Estate Taxes in Mississippi?

One of the common questions we hear from clients planning their estates along the Mississippi Gulf Coast is whether their assets will be subject to state-level estate taxes. The good news: Mississippi does not impose a state estate tax or inheritance tax. This means that, under current law, your estate will not face additional taxation from the state of Mississippi upon your passing.

However, federal estate taxes may still apply to high-value estates. The IRS establishes a federal exemption threshold that changes periodically—in recent years, estates valued above this amount may be subject to significant tax obligations. These rules are complex and subject to change, making strategic estate planning essential for individuals with larger or more complex asset portfolios.

At Rushing & Guice, PLLC, our estate planning attorneys stay current on both federal and state tax laws. We help clients structure their estates to minimize potential tax burdens, preserve wealth, and ensure assets are distributed in the most efficient and legally sound manner possible.

If you’re concerned about how estate taxes—federal or otherwise—may impact your estate or your beneficiaries, we invite you to consult with our experienced team. We’ll work with you to build a forward-looking estate plan that safeguards your legacy and gives your family peace of mind.

Will and Trust Attorneys in Mississippi:
Protecting Your Assets from Creditors

At Rushing & Guice, PLLC, we help individuals and business owners across the Mississippi Gulf Coast protect their hard-earned assets through thoughtful estate planning and asset protection strategies. Whether you’re concerned about potential lawsuits, catastrophic judgments, or future creditor claims, our attorneys can develop tailored legal solutions to safeguard your wealth and ensure financial stability for your family or business.

Using a combination of revocable and irrevocable trusts, business entity structuring, and other wealth preservation tools, we can create legal barriers that make it significantly more difficult for creditors to access your assets. Every client’s situation is unique—which is why we work closely with you to develop a plan that reflects your personal goals, financial exposure, and family dynamics.

By taking proactive steps today, you can protect your legacy from unexpected threats tomorrow.

Do I need a will in Mississippi?

Yes—having a valid will is essential for anyone who wants to maintain control over how their assets are distributed after death. In Mississippi, a will is a legally binding document that lets you:

• Specify who receives your property and possessions
• Appoint an executor to manage your estate
• Name guardians for minor children
• Make charitable donations or special bequests

If you die without a will (intestate), Mississippi’s default laws will determine how your estate is divided. These laws do not consider your personal relationships, specific wishes, or charitable intentions—and the results may not reflect what you would have chosen.

In addition to controlling the distribution of your estate, a properly prepared will can simplify the probate process, making it easier and less costly for your loved ones to settle your affairs. With clear instructions in place, courts can act more efficiently, and your family can avoid unnecessary delays and disputes.

To be valid in Mississippi, a will must:

• Be in writing
• Be signed by the testator
• Be witnessed by at least two disinterested individuals (not beneficiaries or their spouses)

At Rushing & Guice, our estate planning attorneys ensure that your will meets all legal requirements and accurately reflects your intentions. A well-crafted will is not just a legal formality—it’s a critical part of protecting your family’s future and avoiding unnecessary complications down the road.

When Should You Start Estate Planning?

The best time to start estate planning is now—as soon as you own property, open a financial account, or begin to accumulate assets. Life is unpredictable, and having a plan in place ensures that your wishes are honored and your loved ones are protected, no matter what the future holds.

At Rushing & Guice, PLLC, we recommend initiating or updating your estate plan after any major life event, including:

• Opening a bank or brokerage account
• Purchasing a home or real estate
• Getting married, divorced, or remarried
• Starting a business
• Having or adopting a child
• Receiving an inheritance
• Becoming a grandparent
• Planning extended travel or relocating

Estate planning is about more than just deciding who gets what. It also involves putting legal safeguards in place in case of illness, injury, or incapacity. A comprehensive estate plan may include:

• A living will to outline your medical preferences
• A healthcare proxy to authorize someone to make medical decisions on your behalf
• Powers of attorney for managing finances if you become unable to do so
• Life insurance planning to support dependents
• Long-term care arrangements in case of disability or cognitive decline

We advise reviewing your estate plan every 3 to 5 years, or sooner if laws or personal circumstances change. Our attorneys can help you keep your plan up to date, legally sound, and aligned with your evolving goals.

Understanding Ancillary Estates in Mississippi

If a person dies while residing in another state but owns property in Mississippi—such as real estate or other tangible assets—ancillary probate may be required. Ancillary estates are secondary probate proceedings initiated in Mississippi to properly manage and transfer in-state property owned by a non-resident decedent.

This process ensures that the property is distributed according to Mississippi law, and it provides legal authority for transferring ownership to the rightful heirs or beneficiaries. It also allows for the resolution of any outstanding claims, debts, or disputes related to the property within the state.

Benefits of opening an ancillary estate in Mississippi include:

• Legal transfer of local property to beneficiaries
• Protection for creditors and interested parties
• A clear, court-supervised process to resolve disputes
• Compliance with Mississippi-specific probate and title laws

Navigating ancillary probate can be complex, especially when it involves coordination with an out-of-state estate. At Rushing & Guice, PLLC, our experienced probate attorneys offer skilled representation to out-of-state executors, administrators, and family members. We handle all legal filings, coordinate with primary probate jurisdictions, and ensure the proper handling of Mississippi-based assets with efficiency and legal precision.

Whether you are an executor, a family member, or an out-of-state attorney, we are here to guide you through the Mississippi ancillary estate process with confidence and care.

Trusted Estate Planning Attorneys for the Mississippi Gulf Coast

At Rushing & Guice, PLLC, we provide trusted legal guidance in estate planning, probate, and asset protection for individuals and families throughout Biloxi and the Mississippi Gulf Coast. Whether you need help drafting a will, creating a trust, navigating probate, or protecting your legacy, our experienced attorneys are here to provide clear, strategic advice tailored to your goals.

Take the first step toward peace of mind. Call our office today at (228) 374-2313 or complete our online contact form to schedule a limited initial consultation. We’re proud to serve the Mississippi Gulf Coast community—and we look forward to helping you secure your future with confidence.