MISSISSIPPI PROBATE ATTORNEY
Lawyer for Estate Planning and Probate Administration in Desoto County
Like many people, you may find it important that after your death, your assets are protected and passed on to your preferred heirs and beneficiaries. However, this does not just happen automatically. Rather, it requires both careful planning during your lifetime and thoughtful administration during the probate process.
At Douglass & Runger, Attorneys at Law, we understand how important your estate is to you and your family, and we can help you take the necessary steps to develop an estate plan to ensure that probate proceeds according to your wishes. We can also serve as your estate’s Mississippi probate attorney after your death, assisting your appointed administrator with the execution of your will and the distribution of your assets.
Estate Planning Lawyer In Mississippi
In order to make sure your wishes are honored when you pass away, you need to establish legally valid estate planning measures while you are alive and have the mental capacity to do so. We can guide you through the process of creating a will or trust, two of the most important elements of an estate plan.
Your last will and testament is crucial when it comes to providing the instructions to administer your estate during probate. In it, you can name your preferred executor, who will be responsible for managing and distributing your assets. You can also name all of your chosen heirs and beneficiaries, as well as the properties and assets you would like to leave to each of them. To ensure your will is legally valid, you should sign it and have it witnessed by two parties who are not named beneficiaries.
Trusts, on the other hand, allow you to pass assets to your chosen beneficiaries without relying on the probate process. When you create a trust, you transfer some or all of your assets to a trustee who is responsible for managing them and distributing them to your beneficiaries according to your wishes. You can create a revocable living trust, which can be modified during your lifetime and allows you to access your assets, or an irrevocable trust, which cannot be changed after it is established.
Hernando Attorney For Probate Administration And Litigation
After your death, your attorney and executor have the important responsibility of handling and administering your estate according to the provisions of your will. Your attorney initiates the probate process by obtaining your will and reviewing it to ensure that it is valid and then filing a petition for probate of the will and a petition for the issuance of letters testamentary, which grants administration authority to your chosen executor. Your attorney then attends a hearing with the probate or chancery court, at which point the court will issue an order in response to the petitions.
Once your executor has been granted authority, he or she must take inventory of all of your assets and their values, notify all of your creditors of your death to give them the opportunity to submit claims against your estate, and fulfill any of your outstanding tax obligations. Your executor will then distribute all remaining assets according to the terms of your will, ensuring that your chosen beneficiaries receive the properties you have intended for them.
During the probate process, an interested party may come forward with a petition to contest your will on the grounds that it is not legally valid, perhaps because it was created improperly, fraudulently, or under undue influence. Your executor may also face claims of improper administration on the grounds that he or she is seeking to benefit personally from your estate against your wishes. In the case of a contested will or probate administration, your attorney can represent your estate and your interests and protect you from unsubstantiated claims.
Contact an Olive Branch, MS Probate Lawyer
When you choose us as your estate planning and probate attorney, you can trust that your estate is in good hands. It is never too early to start planning to protect your assets and provide for your family, and we encourage you to contact us today at 901-388-5805 for a consultation to learn what we can do for you now. We serve Mississippi clients in Hernando, Olive Branch, Horn Lake, Southaven, and throughout DeSoto County and the surrounding areas.
Let Us Help
For more information about our firm and our approach to the practice of elder law, contact our office. Call (901) 388-5805 to schedule a confidential consultation and case review today. Douglass & Runger, Attorneys at Law, serve clients throughout Memphis, Shelby County, and the surrounding areas.