What Happens If You Die Without A Will In Mississippi?

In this article, you will discover:

• What the meaning of dying intestate is under Mississippi law.
• Who inherits when you die without a will in Mississippi.
• Whether unmarried partners or stepchildren have inheritance rights under Mississippi law.

What Does “Dying Intestate” Mean Under Mississippi Estate And Probate Law?

Dying intestate means passing away without a valid, legally binding will in place. Many state laws provide that if you pass without a will, your estate will be split equally between your surviving spouse and your children, if any survive you.

While there is a common misconception in Mississippi that you don’t need a will, its primary purpose is to allow you to deviate from what the law dictates when you die intestate. For example, a will allows you to leave gifts to people or institutions other than your surviving spouse or children. It also allows you to leave disproportionate shares to your surviving spouse or children.

Does A Will Allow Me To Bypass Probate?

Another common misconception is that if you have a will, your estate does not have to be probated. In most cases, it does.

The determining factor whether your estate must be probated is not whether you have a will, but whether you pass with any assets in your name. A well-designed estate plan avoids probate by ensuring that when you pass, there are no assets in your name. That doesn’t mean you give away your assets. Instead, the objective is for you to own nothing and control everything.

Who Inherits Property When Someone Dies Without A Will In Mississippi?

When you die without a will, your closest family members inherit in the following order according to Mississippi’s intestate succession laws:

• Your surviving spouse and children
• If you have no surviving spouse or children, your parents and siblings
• If you have no parents or siblings, your closest relatives

Attorney Joseph Kelly is a seasoned lawyer based in Bay St. Louis, Mississippi, who has helped countless clients like you navigate the intricacies of estate planning law. With decades of experience, he is prepared to assist you in creating a comprehensive estate plan to protect your family and legacy while avoiding the pitfalls that can arise if you die without a will.

Still have questions? Ready to get started? Contact Joseph Kelly Attorney at Law, PLLC, today to schedule an initial consultation.

How Are Surviving Spouses And Children Affected When There Is No Estate Plan In Mississippi?

Without an estate plan, your surviving spouse and children must hire a lawyer to probate your estate, which means:

• Incurring legal fees and court costs
• Subjecting your family and assets to public scrutiny in court proceedings
• Exposing your estate to potential challenges or disputes from interested parties regarding the distribution of your assets

What Inheritance Rights Do Unmarried Partners Or Stepchildren Have Without A Mississippi Will?

This area of law is still developing. Unmarried partners will have to file suit against your estate to protect any rights they might have.
Unadopted stepchildren will fare even worse than unmarried partners. Unless adopted, your stepchildren will have little to no inheritance rights.

When Should Families Speak With An Estate Planning Attorney About Creating A Will?

You should consult with an estate attorney today, as the unexpected could happen at any moment. Any attorney who charges you for a consultation is suspect. A qualified estate attorney will speak with you for no charge. During your free consultation, the attorney should clarify what would constitute an effective estate plan and the cost of such a plan.

Still Have Questions? Ready To Get Started?

For more information on dying without a will in Mississippi, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (228) 467-3400 today.