Davis-Morris Law FirmDavis-Morris Law Firm2026-08-26T13:15:43Zhttps://www.davismorrislawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1604385/2021/08/cropped-site-identity-32x32.jpgOn Behalf of Davis-Morris Law Firm<![CDATA[What is the Medicaid five-year look-back period?]]>https://www.davismorrislawfirm.com/?p=2553772026-08-26T13:15:43Z2026-08-26T13:15:43ZMedicaid reviews certain past asset transfers
The five-year look-back period allows Medicaid to review certain transfers you made during the 60 months before you apply. The review generally focuses on assets you gave away or transferred for less than fair market value. That includes giving money to a family member without receiving something of equal value in return. These transfers can matter even if you made them well before you began thinking about long-term care.
Certain transfers can delay your coverage
A transfer that violates Medicaid's rules can trigger a penalty period that delays coverage for long-term care. Medicaid calculates the penalty based on the value of the assets you transferred and the rules that apply to your situation. As a result, you may qualify for Medicaid in other respects but still have to wait before coverage for long-term care begins.
Plan before making major transfers
You should understand how a major transfer could affect your eligibility before giving away assets or changing ownership. If long-term care may become a concern, speaking with an estate planning or elder law attorney can help you understand how the timing and details of a transfer may affect your options. Knowing the rules before you act can help you make decisions that still work for the future you are trying to plan for.]]>On Behalf of Davis-Morris Law Firm<![CDATA[What traits should you look for in an executor in Mississippi?]]>https://www.davismorrislawfirm.com/?p=2553762026-07-14T14:13:12Z2026-07-29T14:10:46ZMake sure your choice qualifies under Mississippi law
First, make sure your choice meets Mississippi's legal requirements. Anyone you choose must be at least 18 and of sound mind. State law disqualifies anyone convicted of a felony from serving as an executor. The state allows some out-of-state residents to serve as executors, although additional legal requirements may apply.
Look for honesty and reliability
Trustworthiness is an important quality to look for. They will handle your finances, important documents and valuable assets. They should always put your beneficiaries' interests first. Find someone with a strong record of honesty, integrity and ethical behavior.
Also look for someone with strong organizational skills. They often work with banks, insurance companies, creditors and beneficiaries while managing several tasks at once. Disorganized people often struggle to manage these duties.
Consider financial skills and willingness to serve
Pick someone who manages money responsibly. They will manage your assets, pay debts and taxes and distribute your property according to your wishes. They do not need to be financial experts, but good money management skills can make the job easier.
You should also think about their availability. An executor must devote time and effort to the role, especially during the months after your death. Someone with a demanding schedule or who lives far from Mississippi may struggle to fulfill these duties promptly.
Choose someone who can handle conflicts fairly
Managing an estate can be emotionally challenging, especially when family relationships are complicated. Your executor should stay calm under pressure and handle conflicts fairly. Emotional resilience helps them make difficult decisions during a difficult time.
If you have multiple beneficiaries, think about whether your choice can remain impartial. Someone who favors one beneficiary over another may create unnecessary disputes. A fair executor can reduce conflict and help settle the estate more smoothly.
Protecting your loved ones with careful planning
Choosing an executor you trust can help your loved ones avoid unnecessary stress later. After selecting the right person, talk with them about the role so they know what to expect and are willing to serve when the time comes. Managing your estate is not an easy task, which means it is important to appoint someone you can trust and depend on.
]]>On Behalf of Davis-Morris Law Firm<![CDATA[3 signs your estate plan may need a review]]>https://www.davismorrislawfirm.com/?p=2553752026-06-29T14:57:09Z2026-06-29T14:57:09ZMajor family changes have occurred
A significant change in your family life is often a good reason to review your estate plan. Whether you recently married, divorced, welcomed a child or grandchild or experienced the loss of a loved one, these developments can affect planning decisions that once seemed settled.
You may want to reconsider who receives certain assets or who serves in important roles such as guardian, trustee or agent under a power of attorney. A review can help ensure your plan still reflects the people who matter most to you and the future you want to create for them.
Your financial situation looks different
Changes in your assets can affect how well your estate plan serves your goals. If you have purchased a house or land, received an inheritance, started a business or built substantial savings, your current arrangements deserve a second look. Reviewing your arrangements can help ensure that newly acquired assets are distributed according to your wishes.
It has been several years since your last review
Even in the absence of major life events, the passage of time is reason enough to revisit your estate plan. While your current circumstances may be relatively stable, your priorities and long-term objectives can change gradually over the years.
Regular reviews can reveal outdated areas that no longer reflect your goals. They can also help you identify areas that need updates before they become larger concerns.
What’s next?
Keeping your estate plan updated is one of the best ways to make sure it continues to reflect your wishes. Reviewing your plan with an attorney helps you feel more confident that your plan still provides the protection and support for the people you care about.]]>On Behalf of Davis-Morris Law Firm<![CDATA[How does writing a will help your family after your passing?]]>https://www.davismorrislawfirm.com/?p=2553572026-06-04T13:16:15Z2026-06-04T13:16:15ZYou control how your assets are distributed
If you pass away without a will, Mississippi's intestacy laws generally determine who receives your property. These follow a predetermined formula that might not align with your wishes. Under state intestacy law, if you die with a spouse and children, your spouse and children share your estate in equal parts. If you die without children but leave a surviving spouse, your spouse inherits your entire estate; your parents do not receive a share.
A will allows you to decide exactly who gets what. You can leave specific items to particular people, divide your estate in percentages that make sense for your family or include charitable organizations. You might want to give your home to your spouse, your car to your daughter and your coin collection to your nephew. A will makes these specific wishes legally enforceable.
You can name guardians for minor children
If you have children under 18, a will lets you designate who should care for them if both parents pass away. Without this designation, a Mississippi court may determine who raises your children. While courts generally try to act in the best interests of children, they might not choose the person you would have selected.
Naming a guardian in your will ensures your children go to someone you trust who shares your values. Mississippi courts give significant weight to guardian nominations in a valid will, though the court retains ultimate authority to act in the best interests of the child. Naming a guardian in your will provides strong guidance to the court and substantially increases the likelihood that your chosen person will raise your children.
You can also name an alternate guardian in case your first choice cannot serve. This decision gives you peace of mind and provides clarity for your family.
You reduce family conflict and legal complications
When you die without a will, family members might disagree about who should receive certain items or how to divide your estate. These disputes can damage relationships and create lasting rifts between people who once got along well. A clear will reduces ambiguity and minimizes the potential for arguments.
The probate process also becomes simpler when you have a will. Your executor has clear instructions to follow, which can speed up the distribution of assets. This efficiency means your beneficiaries receive their inheritance sooner and with less expense.
Creating a will demonstrates love and consideration for those you leave behind. Making a concrete plan could help your family focus on grieving and healing rather than navigating legal uncertainties.
Your actions can protect your family’s future
Creating a will allows you to make important decisions about your family, your assets and your legacy. By clearly expressing your wishes, you can provide guidance during a difficult time and help your loved ones avoid unnecessary uncertainty or conflict. A will lets you take care of your family and provide them with security and clarity even after your passing.
]]>On Behalf of Davis-Morris Law Firm<![CDATA[Should you write a will if you are young and healthy?]]>https://www.davismorrislawfirm.com/?p=2553552026-05-06T11:10:47Z2026-05-06T11:10:47ZWhy young people should consider estate planning
Even if you do not own a mansion or have millions of dollars in your bank account, you likely have assets worth protecting. Your car, savings account and personal belongings have value. Without a will, Mississippi intestacy laws generally determine who receives your property.
These default rules might not align with your wishes. Generally, the state divides your assets into equal shares between your spouse and children. Your spouse's share might decrease as the number of children you have increases. This could result in your spouse receiving less than intended.
By writing a will, even as a young person, you may have some degree of control over who inherits from you. Keep in mind that only assets held solely in your name without a designated beneficiary are governed by intestacy laws. If you want specific items to go to certain people, a will ensures your desires are honored.
Protecting your loved ones and dependents
If you have a child, creating a will becomes even more important. You may nominate guardians for your minor children, ensuring they are cared for by someone you trust. If you pass away, legal custody typically goes to your child’s surviving parent under Mississippi law.
However, if no surviving parent is able or willing to serve, the court may appoint a guardian for your children. By writing a will, you could nominate a guardian, though the court generally makes the final appointment based on the child's best interests. The court might not consider your choice if it finds your nominee unfit or unsuitable for the role. Additionally, if you have pets, you can make arrangements for their care in your will.
Peace of mind and future planning
Creating a will while you are young and healthy could give you control over your legacy. You can update it as the circumstances of your life change. This often includes getting married, having children or acquiring new assets. Writing a will early means you can take your time to make thoughtful decisions rather than rushing through the process during a crisis.
Keep in mind that a typed will could be legally void in Mississippi unless you sign it with at least two witnesses present. Each witness must then attest your will in your presence. This typically applies regardless of your age. A handwritten will, also known as a holographic will, is also valid without witnesses.
Taking control of your legacy
The choice to create a will now may provide your loved ones with guidance after emergencies such as a fatal accident. By documenting your wishes early, you may provide your family with clarity and direction. Taking this step while you still have time and perspective might help you spare your family from guessing your wishes and intentions.]]>On Behalf of Davis-Morris Law Firm<![CDATA[A plan for life: 3 things to know about living wills in Mississippi]]>https://www.davismorrislawfirm.com/?p=2553462026-04-01T06:32:02Z2026-04-01T06:32:02ZPlanning for future medical care can feel uncomfortable, but many people want a clear voice in the decisions that impact their treatment. A serious illness or injury can leave someone unable to communicate, which can place a heavy burden on loved ones. A living will offers a way to express those wishes ahead of time. In Mississippi, this planning tool works within a broader legal framework, so understanding the details can help you make more informed and reliable choices. Here are three important things to know about a living will.
1. It is part of a broader advance health care directive
While many people use the term “living will,” Mississippi law recognizes a more comprehensive document called an advance health care directive. This single document allows you to include both your written medical instructions and your choice of a health care agent.This “all-in-one” approach helps prevent conflicts. Your written preferences guide care, while your chosen agent can step in when situations fall outside those instructions. Although you can create these documents separately, combining them often creates a clearer and more consistent plan.
2. You have options when signing the document
Mississippi law provides flexibility in how you execute a valid directive. You may sign the document in front of two qualified witnesses, which is the most common method. At least one witness must be someone who is not related to you and does not stand to benefit from your estate.You also have another option. Instead of using witnesses, you may choose to have your signature notarized by a notary public. This option can offer more privacy, especially if you prefer not to involve others in your personal medical decisions.In either case, the law sets clear limits to avoid conflicts. Your witnesses cannot be the person you name as your agent. You also cannot appoint your health care provider as your agent unless they are related to you.
3. Written instructions offer stronger protection
Mississippi law does recognize oral instructions given directly to a physician. These statements can carry legal weight, but they can also create uncertainty if questions arise later.A written directive provides stronger protection. It creates a clear record of your wishes and reduces the risk of confusion or disagreement among family members or medical providers. Pairing written instructions with a trusted agent adds another layer of clarity and support during complex medical situations.Taking these steps can help you create a plan that reflects your values while better guiding others.
Supporting your health and your loved ones
Facing decisions about your future health can feel overwhelming, but a well-prepared directive can provide lasting reassurance. It helps preserve your voice and supports your loved ones during difficult decisions.If you are preparing an advance health care directive in Mississippi, consider seeking legal guidance. An experienced attorney can help you create a document that meets state requirements and accurately reflects your intentions.
]]>On Behalf of Davis-Morris Law Firm<![CDATA[Can you qualify for Medicaid if you have an IRA?]]>https://www.davismorrislawfirm.com/?p=2553442026-03-23T21:02:55Z2026-02-27T08:37:54ZAn IRA does not automatically disqualify you
Owning an IRA does not automatically make you ineligible for Medicaid. What matters is whether Medicaid treats the money as fully available to you at the time you apply. The account itself is not the problem. How the state counts it is.
How the IRA is set up affects how Medicaid counts it
If your IRA is not paying out, Medicaid may count the full balance as a resource. That can push you over Mississippi’s asset limit, which for a single applicant generally sits at $4,000.
If your IRA pays regular, properly structured monthly distributions, Medicaid may treat those payments as income instead of counting the entire account at once. That difference can determine whether you qualify or need to make changes before applying.
Marriage changes how the IRA is reviewed
If only one spouse applies for long-term care Medicaid, Mississippi applies spousal protection rules. The spouse who remains at home may keep certain assets, and that can change how the IRA affects eligibility. Ownership and payout structure both matter here.
Before you file your Medicaid application
Many people in their 50s and 60s keep most of their wealth inside retirement accounts, so hearing about a $4,000 asset limit can trigger panic. The reality is more detailed than that number suggests. Timing, payout structure and marital status all influence the outcome, and reviewing those factors before you apply can protect both your eligibility and your savings. A short conversation now can prevent expensive mistakes later.]]>On Behalf of Davis-Morris Law Firm<![CDATA[The importance of long-term care planning before an emergency]]>https://www.davismorrislawfirm.com/?p=2553352026-01-27T19:23:14Z2026-01-27T19:23:14ZMedicaid requirements are strict
The Medicare coverage that working adults and their spouses receive during retirement has numerous limitations. Medicare does not cover long-term care costs. People without enough money in savings to cover their long-term care expenses usually need to apply for Medicaid. They must prove that they meet strict standards regarding their countable assets and current income.
Any transfers or gifts that occur in the five years before a Medicaid application can affect an older adult’s eligibility for benefits. They may face a penalty if they transferred property to a trust or gifted resources to family members in the 60 months before they apply for Medicaid.
Planning in advance helps make coverage accessible to people who have just had a stroke or who broke a bone when they fell. Advance long-term care planning also helps preserve resources after the Medicaid beneficiary dies.
Most of the time, the Medicaid estate recovery program asks for repayment for benefits from the estate of the Medicaid beneficiary. Planning that occurred at least five years before a Medicaid application can protect savings and home equity from liquidation after a Medicaid recipient dies.
Working with an estate planning and long-term care planning lawyer can help people address the significant expenses associated with medical decline later in life. Adults with plans can feel more confident about their access to support as they age.]]>On Behalf of Davis-Morris Law Firm<![CDATA[This year, resolve to get your estate plan in order ]]>https://www.davismorrislawfirm.com/?p=2553332026-01-07T17:44:10Z2026-01-07T17:44:10ZThe start of a new year is often associated with fresh goals and renewed focus on what matters most in the eyes of each individual. While many resolutions center on health or finances, it’s important to understand that resolving to get your estate plan in order can be one of the most meaningful decisions you make. Estate planning is not reserved for the wealthy or elderly. It is a practical step for anyone who wants clarity, control and certain kinds of legal and/or financial protection for the people they care about.An estate plan provides direction when life takes unexpected turns. Without one, important decisions about medical care, finances and asset distribution may be left to the courts in the state where you reside, or default laws that do not reflect what you want for yourself or your assets. Taking time this year to create or update an estate plan can empower you to name trusted decision-makers and provide guidance related to what you want for yourself while you remain living, and your property when you pass away.
There’s no time like the present
One reason that people commonly delay the process of estate planning is the assumption that it can wait. However, as difficult as it can be to acknowledge this reality, nobody is guaranteed additional time on Earth. Other times, people delay revising their plans, assuming that they’ll get “around to it” sometime before their estate plan becomes relevant documentation for their loved ones. Yet life changes quickly. Marriage, divorce, children, business growth, retirement or a move to a new state can all affect how an estate plan should function. Even plans created just a few years ago may no longer align with current goals or family dynamics. Making estate planning a resolution encourages timely review rather than last-minute decisions (or worse, decisions that are never formalized because an accident or sudden illness results in loss without a current plan in place). Estate planning is also an opportunity to communicate values. Decisions about guardianship, charitable giving, business succession and/or long-term care reflect priorities that matter deeply. Putting these choices into a thoughtful plan can help to better ensure that your legacy is defined by intention rather than uncertainty.This year, resolving to get your estate plan in order can be “about” taking proactive control of the future. An experienced estate planning legal team can help guide the process, explain options and tailor a plan to your unique circumstances. Starting now can provide peace of mind that may be well worth your effort. ]]>On Behalf of Davis-Morris Law Firm<![CDATA[Does Medicare help to cover long-term care costs?]]>https://www.davismorrislawfirm.com/?p=2553212025-12-03T17:50:43Z2025-12-03T17:50:43ZOlder adults may require Medicaid eventually
Medicare coverage has numerous noteworthy limitations. Long-term care costs, such as an extended stay in a rehabilitation facility, a bed in a nursing home or in-home support, are typically not eligible for Medicare coverage.
While there are some short-term benefits available, those in need of long-term support cannot rely on Medicare. Instead, they likely need to apply for Medicaid, which means that their income and assets are subject to scrutiny.
Applicants must show that their income and countable assets are below the current state threshold for Medicaid eligibility when applying for long-term care benefits. Current financial circumstances are not the only consideration. State employees usually review five years of transactions when people apply for Medicaid.
Large transfers or gifts made in the 60 months prior to a Medicaid application can trigger a penalty. The applicant may only become eligible for Medicaid long-term care coverage after they pay for their own care for a certain number of months first. While most older adults may hope to maintain their health and minimize their expenses, planning well in advance for Medicaid eligibility is usually beneficial.
Older adults on the cusp of retirement or facing the early stages of medical decline may want to work with a lawyer to ensure their eligibility for Medicaid when they need support later. Otherwise, they may struggle to obtain the medical care they require and may not be able to pass their assets to their children or other beneficiaries after their death.
Thorough Medicaid planning is beneficial for those concerned about their support needs and finances. Planning performed long before people require benefits can provide peace of mind during retirement and make accessing benefits easier if an individual's health changes during their golden years.]]>