Jackson Wills Lawyer

No one likes to think about their own mortality. However, taking some time to think about your last wishes and putting those wishes into a legally binding document is important. A last will and testament can bring you peace of mind, make your desires for your estate clear, and provide clarity for those you leave behind. Attorney Wes Stover is a Jackson wills lawyer with over three decades of experience helping people get their affairs in order. 

Call The Law Offices of Wes Stover at (601) 401-8996 or contact us online today. We offer free consultations, either in person or virtually.

4 Reasons You Should Have a Will 

Here are four key benefits of having a will in the state of Mississippi:

• Avoid intestacy: Without a will, your estate will be subject to intestacy laws, which outline how assets are distributed when there is no valid will. The intestacy process is rigid and can’t account for the unique relationships that define each person’s life. By having a will, you retain control over who inherits your property and belongings.
• Share your legacy: By retaining control, you can designate specific beneficiaries, whether they are family members, friends, or charitable organizations. This enables you to support causes that are important to you or provide for loved ones in the manner you see fit. Having a will makes your values and priorities, rather than those of the intestacy process, pre-eminent in the distribution of your estate. 
• Protect your children: If you have minor children, a will provides an opportunity to designate a guardian for them in the event of your passing. Without a will, the court will decide who becomes the guardian based on what it deems to be in the best interest of the child. By having a will, you can decide who is best suited to care for your children. 
• Protect your loved ones: Losing a loved one is already a difficult and emotionally challenging time. By having a will, you can help ease the burden on your family and loved ones during this difficult period. A will provides clear instructions on how your estate should be handled, simplifying the process for your loved ones. By clarifying your last wishes, you can reduce the possibility of disputes between family members.

What Happens in Mississippi Probate Court?

Having a will won’t allow your heirs to avoid probate. What having a will may be able to do is make the probate process go a little quicker and with a little less angst for all involved. 

For example, one of the first tasks of the Probate Court is to identify an executor—the person who will oversee the distribution of assets and the resolution of debts. When there is no will, the court must take the time to appoint someone. When you work with our office, we’ll help you name your own executor, thereby relieving the court of that burden—and saving your heirs valuable time. 

There are several steps involved in the Mississippi probate process, with the executor running point for your estate. Here are four important ones: 

• Validation: The court will review the document's validity and ensure that it meets the legal requirements to be considered a valid will. Having our experienced attorney draft the will may increase the likelihood the document passes legal muster. 
• Notify Creditors: This includes publishing a notice in a local newspaper to inform potential creditors to come forward. Debt collectors typically have a specific timeframe to make their claims. After debts are paid, the remaining estate can be distributed according to the terms of the will. 
• Asset Valuation: This includes real estate, bank accounts, investments, personal belongings, and any other property. Most wills distribute assets to heirs on a percentage basis. Therefore, a precise valuation may be necessary to proceed. In cases with complex assets, a professional valuation may be necessary. 
• Dispute Resolution: These disputes can range from challenges to the validity of the will to disagreements regarding the distribution of assets. The probate court will hear arguments and make a final decision based on Mississippi law and what is expressed in the will. This is another area where working with an experienced Jackson wills lawyer may prove valuable in crafting language that is unambiguous and, therefore, less susceptible to dispute. 

At this point, it’s time for the executor to deliver everyone their inheritance. How long will probate take from start to finish? A typical timeframe in Mississippi is 4-6 months, but it must be emphasized that every case is different. Disputes and the valuation of assets are just two examples of factors that can cause probate to stretch beyond the normal timeframe.