Probate practice is usually routine and involves following a strict set of well defined procedures. In the event a person dies with or without a Will, real and/or personal property can be passed through this legal process to a decedent’s heirs at law. The embracing of technology and an effect of the covid pandemic have allowed an attorney in a routine estate to handle these matters in the far corners of Mississippi from any office which reduces the costs of many probate matters and allows an attorney like myself to focus on this area of legal practice.

The basic estate planning instrument is a Will. Wills are given authority by the Court if drafted and executed properly. I see many examples of persons dying without a Will and with children saying decedent wanted this and someone else having gained possession of the asset in dispute and claiming the decedent wanted them to posses the asset. A clear intention by decedent/testator can help keep a family from being torn apart. It can also allow a decedent/testator to have control of the disposition of their worldly assets. Trusts are a cornerstone of estate planning when assets are involved which need to be protected from a beneficiary for a multitude of reasons. Trusts are great legal tools, but thoughtful consideration must be given to each provision and the selection of the all important Trustee.

In conjunction with estate planning, I encourage clients to give some thought to having someone designated to make healthcare decisions should they every become unable to make their own decisions. The Mississippi Legislature has provided citizens with the ability to convey this power on another. This authority can also spill over into estate planning as you have the ability to nominate a person to serve as a Conservator should that need ever arise. Nobody likes to think about these matters, but, as with estate planning, this can reduce family in fighting and reduce legal costs.