Legal Question in Wills and Trusts in Mississippi
If I don't have a will when I die.
In Mississippi, if you don't have a will made out but have made your wishes known to a family member (No spouse) will the state get the estate or will the family member be able to carry out the dispersement of the estate?
2 Answers from Attorneys
Re: If I don't have a will when I die.
Without a will, the estate will be distributed as per the laws of intestate succession. In Mississippi, this means that the surviving spouse gets 50% and the other 50% is divided equally amongst the kids. If there is no surviving spouse, the entire estate is divided equally amongst the kids. If you want to pass your estate a specific way, you need a will.
Re: If I don't have a will when I die.
Additionally, a will can be used to nominate somebody to be the guardian for your children. If you have minor children and are not survived by a spouse, a court will have to make the decision. A will decreases the chances your family will fight over your estate. I have seen such fights create hard feelings for lifetime, and it is much better to have a will if more than one person is to receive your estate. Lastly, a will helps you to protect any nonexempt property from estate taxes.
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