Wills & Estate Planning
A Will is an important legal document that outlines your wishes for the distribution of your assets and property after you pass away. It also provides instructions on who should manage your estate and care for your minor children. Drafting a will is an important step in estate planning, and it is crucial to ensure that it is done correctly to avoid any potential disputes or legal issues in the future.
In Mississippi, there are specific requirements and guidelines for drafting a valid will. This page will provide a brief overview of the legal process of drafting a will in Mississippi. Please note that this page is only meant to act as an informative guide to the basics of Will drafting in Mississippi. If you are planning to create a will, we STRONGLY recommend you consult with an attorney.
Basic Elements of a Valid Will in Mississippi:
For a will to be valid in Mississippi, the Individual making the will must be 18 years or older and it must meet certain requirements. It must be:
- In writing
- Signed by the testator (the person making the will) or by someone at the testator’s direction and in the testator’s presence
- Witnessed by two disinterested witnesses (people who do not stand to benefit from the will)
In addition, the testator must have testamentary capacity, meaning they must be of sound mind and capable of understanding the nature and extent of their property and the effect of the will.
Steps to Drafting a Will in Mississippi
- Determine your assets and liabilities: Make a list of all your assets, including real estate, bank accounts, stocks, and personal property, as well as any debts or liabilities you have.
- Appoint an executor: An executor is the person who will manage your estate after you pass away. You should choose someone who is trustworthy, responsible, and capable of handling sensitive financial and legal matters.
- Choose a guardian for your minor children: If you have minor children, you should appoint someone to act as their guardian, in the event that both parents pass away.
- Draft the will: You can draft the will yourself or hire an attorney to help. While we strongly advise against doing so, if you decide to draft it yourself, make sure to include all the necessary elements and follow the proper format.
- Sign the will: The testator must sign the will in the presence of two disinterested witnesses. The witnesses must also sign the will.
- Store the will: Make sure to store the will in a safe place where it can be easily located after your death. You can give a copy to your executor or attorney.
Drafting a will helps ensure that your loved ones are taken care of and your assets and property are distributed according to your wishes after you pass away. If you are planning to draft a will, or even considering whether you need one, we encourage you to consult with one of our attorneys here at Deakle-Johnson Law Firm, PLLC
Our lawyers are experienced in estate planning and can provide personalized advice to ensure that your will meets your specific needs and requirements, and your initial consultation is free of charge. Come see us today and plan for your peace of mind!