Legal Question in Wills and Trusts in Mississippi

Death Ceritificate

Does the death certificate determine the state of residence?


Asked on 5/22/05, 1:07 pm

2 Answers from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Death Ceritificate

No. The definition of residence changes depending on the statute using the term. The question indicates you are probably concerned with the law of probate. That law instead relies on the legal term "domicile" to determine which State's law control distribution of the estate and any death taxes. Domicile is determined by such evidence as where the decedent last paid State income tax, where he or she was last registered to vote, declarations of homestead, etc.

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Answered on 5/23/05, 4:06 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Death Ceritificate

No. The state named in the death certificate only shows what the person who prepared the certificate understood to be the state of residence at the time of death. Other factors can be brought up if you feel the state was incorrectly reported.

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Answered on 5/24/05, 10:49 am


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