Your Last Will And Testament Is Important To Your Estate Plan

Whether you consider yourself to be wealthy, middle-class or low-income, you have an estate. You’ve worked hard for the assets you own, and you deserve to determine what happens to them when you pass away. That’s the power and purpose of estate planning, and a last will and testament is often considered the cornerstone of a comprehensive plan.

At Davis-Morris Law Firm, I, Angela Davis-Morris, offer customized estate planning solutions for clients throughout South-Central Mississippi. My team and I can create a personalized and complete estate plan that addresses all of your needs and goals.

A Will Puts You In Control Of Your Assets

If you die without a will, Mississippi law will determine how, when and to whom your assets will be distributed. The state may not pass your assets to the people you care about or in the way you would prefer.

Assets will pass through your will to your loved ones if the will is properly written and executed. That last caveat is important. In some cases, a poorly written or unclear will can be worse than no will at all. It may create confusion and conflict among family members, leading to will contests. Avoiding expensive estate litigation is one of many reasons to work with an experienced will attorney like me.

What Can Be Included In Your Will?

The benefits of a will are numerous, providing assurance that your legacy is preserved and your loved ones are cared for. My team and I can help you draft a will that covers all essential elements, including:

Naming beneficiaries: Specify who will inherit your assets, such as property, money and personal items. This can include family, friends or charitable organizations.

Appointing an executor: When you write a will, you can name someone to manage your estate after your death (commonly called an executor or personal representative). Choose a trustworthy individual to manage your estate, ensuring your instructions are followed and assets are distributed appropriately.

Guardianship for minors: If you have minor children, you can make specific bequests and name guardians to care for them in your absence. This would be used in cases where their other parent died at the same time or was otherwise not a part of their lives.

Specific bequests: Identify particular items or amounts of money you wish to leave to certain individuals. For instance, you can also establish provisions for disabled beneficiaries.

In some cases, your will can outline how outstanding debts and taxes should be paid, safeguarding your beneficiaries from unexpected financial burdens.

Make Your Will Part Of A Comprehensive Estate Plan

A last will and testament serves many purposes as part of a complete estate plan. It does not, however, avoid probate and generally requires a court to resolve your affairs. It also does not take effect until after death, so it does not help manage your affairs if you become incapacitated, whether by illness or injury.

If any of these concerns are important to you, give yourself peace of mind by consulting an experienced estate planning attorney. At Davis-Morris Law Firm, you can trust me and my team to provide you with the support you need throughout the entire estate planning process. I am here to answer your questions and address your concerns so that you can feel confident in your decisions.

Frequently Asked Questions About Wills

Here are some answers to questions I frequently hear about wills and estate plans: 

What assets should I consider when drafting a will?

Your will directs the disposition of any assets that are solely titled in your name and without a designated beneficiary (sometimes called a “payable-on-death” designation). This might include:

• Real estate: A family home, vacation home, empty land or rental units
• Personal belongings: Family heirlooms, collectibles, jewelry, vehicles and even furniture
• Bank accounts: Checking and savings accounts
• Investments: Stocks, bonds, retirement plans or cryptocurrencies
• Digital assets: Email accounts, digital photos and social media accounts
• Businesses: Family business, large corporation or personal business 

You should also include a list of sentimental items and family heirlooms, regardless of their value. I can help you review your list and itemize your assets for your will.

How do I ensure my will is valid and enforceable?

A valid will is essential to having your last wishes fulfilled – and it is very easy to make mistakes that can leave a will unenforceable if you do not have the appropriate legal guidance. In general, for a will to be valid: 

• You must be 18 years of age.
• You must be of sound mind, which means you understand the nature of the will.
• The will must be a physical, written document.
• The will must be signed by you and two witnesses who do not benefit from the will. 

If you want to be sure your will is valid, I can review your legal documents and help ensure it is structured correctly and complies with state laws.

How do I store my will safely, and who should I share it with?

Consider storing your will in a fireproof safe, with your attorney or filing it with the county probate court. You can share the location of your will with your executor, attorney or another trusted individual so that it can be found after you pass away.

Can I disinherit a spouse or child?

Mississippi law prohibits you from entirely disinheriting your spouse unless they have a “separate estate” that is equal to or greater than what they would receive if you had no will at all. You can, however, disinherit a child by clearly stating that you are purposefully not leaving them any part of your estate. Merely omitting a child’s name from your will is not enough, as that would likely be deemed a mistake, not intentional.

Don’t Wait To Get Started On Securing Your Future

From my Hattiesburg office, I assist clients throughout South-Central Mississippi. To schedule a consultation, just call 601-602-8874 or complete the online contact form to get in touch.