Probate Attorneys

When it comes to navigating the complex and often overwhelming process of probate, our experienced team of probate lawyers is here to provide you with the guidance and support you need during this challenging time.

Located in the heart of Biloxi, we understand the unique laws and regulations that govern probate in Mississippi. We have been serving families for 100 years, assisting clients in Biloxi, Ocean Springs and the surrounding gulf coast communities in probate matters with diligence and compassion.

At Rushing & Guice, we recognize that estate planning and probate can be a daunting process for individuals and families dealing with the loss of a loved one. Our dedicated team of probate attorneys is committed to easing your burden by providing personalized attention and comprehensive legal representation. Whether you are an executor seeking assistance with estate administration or a beneficiary looking to protect your rights, we have the knowledge and experience to guide you through every step of the probate process.

With a deep understanding of Mississippi probate laws, we offer tailored solutions to meet your specific needs. Our attorneys will work closely with you to ensure that assets are properly distributed, debts and taxes are addressed, and any potential disputes are resolved effectively and efficiently.

If you are in Biloxi or the surrounding areas and require assistance with probate matters, trust Rushing & Guice to provide you with the expertise and support you deserve. Contact us today to schedule a consultation and let us help you navigate the probate process with confidence and peace of mind.

What is considered Probate in Mississippi?

Probate in Mississippi refers to the legal process by which a deceased person’s estate is administered, and their assets are distributed according to their will or state law if there is no will (intestate succession). The Chancery Court of the county where the deceased person resided has jurisdiction over probate matters. The court oversees the validation of the will, appointment of an executor or personal representative, and resolution of any disputes or claims against the estate. During probate, the executor gathers the decedent’s assets, pays debts and taxes, and distributes the remaining assets to the designated beneficiaries.

It is important to note that probate in Mississippi can be a complex and time-consuming process, requiring strict adherence to legal procedures and deadlines. Seeking guidance from an experienced probate attorney can help navigate the intricacies of Mississippi probate law and ensure a smooth administration of the estate.

How to Protect Your Assets from Probate in Mississippi

When it comes to estate planning in Mississippi, many individuals seek strategies to protect their assets from the probate process. Probate can be a time-consuming and costly procedure, but with careful planning, you can employ several techniques to minimize the assets subject to probate or bypass probate altogether. At Rushing & Guice, our experienced estate planning attorneys are well-versed in these strategies and can provide you with tailored advice to protect your assets.

1. Establishing a Revocable Living Trust:

   • A revocable living trust allows you to transfer ownership of your assets to the trust while retaining control over them during your lifetime.
   • By properly funding the trust, the assets held within it can avoid probate, as they are owned by the trust and not by you personally.
   • You can designate yourself as the trustee and name successor trustees to manage the trust assets upon your death or incapacity.

2. Utilizing Beneficiary Designations:

   • Certain assets, such as life insurance policies, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) accounts, allow you to designate beneficiaries.
   • By naming beneficiaries directly, these assets can pass outside of probate, ensuring a swift transfer to the intended recipients upon your passing.
   • Regularly reviewing and updating beneficiary designations is crucial to align them with your current wishes.

3. Joint Ownership with Right of Survivorship:

   • Holding property jointly with right of survivorship means that upon the death of one co-owner, the property automatically passes to the surviving co-owner(s).
   • Assets such as real estate, bank accounts, or investment accounts can be titled with joint ownership to avoid probate.
   • It is essential to consider the implications of joint ownership and consult with an attorney to ensure it aligns with your overall estate planning goals.

4. Gifting and Advanced Gifting Strategies:

   • By gifting assets during your lifetime, you can reduce the overall value of your estate, potentially minimizing the amount subject to probate.
   • Gift tax rules and limitations apply, so working with an experienced estate planning attorney can help you navigate the complexities of gifting and explore advanced strategies such as irrevocable trusts.

5. Proper Estate Planning Documentation:

   • Ensuring that your estate planning documents, such as wills, trusts, and powers of attorney, are properly drafted and executed is crucial to avoiding potential challenges and delays in probate.
   • Consulting with an estate planning attorney will help you create legally valid and comprehensive documents tailored to your specific needs.

At Rushing & Guice, we understand the importance of protecting your assets and preserving your wealth for future generations. Our skilled estate planning attorneys will guide you through the intricacies of asset protection techniques, considering your unique circumstances and objectives. Contact us today to schedule a consultation and take proactive steps towards safeguarding your assets from the probate process in Mississippi.

Do all estates in Mississippi have to go through probate?

In Mississippi, not all estates are required to go through the full probate process. Certain circumstances may allow for simplified or exempted probate procedures. Here are some local details regarding whether all estates in Mississippi have to go through probate:

1. Are there simplified probate procedures available in Mississippi? Yes, Mississippi offers simplified probate procedures for small estates. If the total value of the estate, excluding exempt property and homestead, is $50,000 or less, a simplified process called “summary administration” may be utilized. This procedure allows for a faster and less complex administration of the estate.
2. What is exempt property and how does it affect the probate process in Mississippi? Exempt property refers to specific assets that are exempt from being included in the probate estate. In Mississippi, exempt property may include items like household furniture, personal effects, and up to $10,000 in cash or other property. These assets are typically reserved for the surviving spouse or children and do not need to go through probate.
3. Can certain assets bypass probate in Mississippi? Yes, there are assets that can bypass probate in Mississippi. Assets held in a revocable living trust, payable-on-death (POD) or transfer-on-death (TOD) accounts, and life insurance policies with designated beneficiaries can pass directly to the intended recipients without going through probate. It is important to properly structure and designate these assets to ensure they bypass the probate process.
4. Are there any exceptions to probate requirements in Mississippi? Mississippi provides exceptions for small estates and estates with only exempt property. These exceptions allow for a simplified probate process or exemption from probate altogether, making the administration of certain estates more efficient and cost-effective.
5. How can I determine if an estate qualifies for simplified probate or exemption? To determine if an estate qualifies for simplified probate or exemption from probate in Mississippi, it is advisable to consult with an experienced probate attorney. They can review the specific details of the estate and guide you through the appropriate procedures based on its size, nature, and assets involved.

While these local details provide a general understanding, it is crucial to seek professional legal advice to determine the specific probate requirements for your situation. An experienced probate attorney in Mississippi can assess your circumstances, guide you through the appropriate probate procedures, and help ensure a smooth administration of the estate.

Intestate Succession in Mississippi

When a person passes away without a valid will or estate plan, their estate enters intestate succession. In Mississippi, intestate succession laws govern the distribution of assets and property in such cases. Understanding the intricacies of intestate succession is essential to ensure that the decedent’s estate is distributed according to state law. At Rushing & Guice, our knowledgeable attorneys can guide you through the complexities of intestate succession and help you navigate the process.

Intestate Succession Laws in Mississippi:

• Mississippi Codes Section Sections 91-1-1 to 91-1-31 sets forth the specific rules for intestate succession in the state.
• The law establishes a predetermined order of priority for the distribution of assets, which follows a specific hierarchy of surviving relatives.
• In Mississippi, the surviving spouse and children typically have priority in inheriting the estate. However, the distribution may vary depending on the specific family dynamics and circumstances.

Distribution of Assets:

• If the decedent is survived by a spouse but no children or parents, the surviving spouse will typically inherit the entire estate.
• If the decedent is survived by a spouse and children, the distribution depends on whether the children are from the marriage or from a previous relationship.
• If the decedent is survived by parents but no spouse or children, the parents may be entitled to inherit the estate.
• In cases where there are no surviving spouse, children, or parents, the estate may be distributed among other relatives, such as siblings, nieces, or nephews, according to the state’s intestate succession laws.

Appointment of an Administrator:

• In intestate succession cases, an administrator is appointed by the court to handle the estate administration.
• The court typically appoints a qualified individual, such as a close relative or another interested party, to act as the administrator.
• The administrator’s role is to gather the decedent’s assets, pay outstanding debts and taxes, and distribute the remaining estate according to the intestate succession laws.

Seeking Legal Guidance:

• Navigating intestate succession can be complex, as the laws can be nuanced and vary depending on the specific circumstances.
• Consulting with an experienced probate attorney is crucial to ensure compliance with the relevant legal requirements and to protect your rights and interests.
• Our skilled attorneys at Rushing & Guice have extensive knowledge of Mississippi’s intestate succession laws and can provide the guidance and support you need during this challenging time.

Contact Our Mississippi Gulf Coast Probate Attorneys

At Rushing & Guice, comprehensive probate & estate counsel on the Gulf Coast are a phone call away. Call us at (228) 374-2313 or fill out our online form to arrange for a limited initial consultation. We look forward to hearing from you and look forward to the opportunity to serve as your attorneys.