Estate planning is one of the most important things you can do for your family, and one of the most commonly put off. A will, a power of attorney, and a healthcare directive are not complicated documents, but without them the people you leave behind face a legal process that is more expensive, more time-consuming, and more stressful than it needs to be. At Tollison & Webb P.A., we help individuals and families throughout North Mississippi put the essential estate planning documents in place so that their wishes are honored and their families are protected.

Estate Planning Services

Wills

A will is the foundation of any estate plan. It specifies how your assets are to be distributed after your death, names an executor to administer your estate, and if you have minor children, designates a guardian for them. Without a valid will, Mississippi’s intestacy laws determine who receives your property, which may not reflect your wishes. We draft wills for individuals and families at every stage of life, from young parents establishing guardianship provisions to older adults updating documents to reflect changed circumstances.

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Trusts

A trust allows assets to be held and managed by a trustee for the benefit of one or more beneficiaries, and can serve a range of purposes depending on how it is structured. A revocable living trust allows assets to pass to beneficiaries outside of probate, which can save time and expense for your family. Trusts can also provide for the management of assets for minor children or beneficiaries who are not yet ready to manage an inheritance on their own. We draft revocable living trusts and other trust instruments tailored to our clients’ specific goals and family circumstances.

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Probate

Probate is the court-supervised process of administering a deceased person’s estate, validating their will if one exists, paying debts and taxes, and distributing assets to beneficiaries. Mississippi probate is handled in Chancery Court, and the process can take several months to over a year depending on the complexity of the estate and whether any disputes arise. We handle full probate administration for families throughout North Mississippi, guiding executors and administrators through every step of the process.

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Powers of Attorney

A durable power of attorney designates a trusted person to manage your financial affairs if you become incapacitated and are unable to act for yourself. Without one, your family may need to pursue a conservatorship through the courts to obtain legal authority to manage your finances, a process that is significantly more expensive and time-consuming than executing a power of attorney while you still have capacity. We draft durable powers of attorney as part of a complete estate plan and as standalone documents for clients who need them.

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Healthcare Directives

A healthcare directive, also known as an advance directive or living will, specifies your wishes regarding medical treatment if you become unable to communicate them yourself. It may also designate a healthcare proxy who is authorized to make medical decisions on your behalf. These documents spare your family from having to make agonizing decisions without guidance during an already difficult time and ensure that your wishes regarding end-of-life care are known and legally documented. We draft healthcare directives and healthcare proxies as part of a complete estate plan.

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Estate Litigation

When estate disputes cannot be resolved without court intervention, we have the litigation experience to handle them. We represent clients in will contests, executor misconduct proceedings, heirship disputes, and trust litigation throughout Mississippi. Our attorneys have litigated estate matters through the appellate courts, including cases involving matters of first impression, and have prevailed in many of them.

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Why Estate Planning Matters at Every Stage of Life

Estate planning is not just for the elderly or the wealthy. Young parents need wills to designate guardians for their children. Adults of any age benefit from a power of attorney and healthcare directive in case of unexpected incapacity. Anyone who owns property, has savings, or has people who depend on them has a reason to have a basic estate plan in place. The cost of putting these documents in place is a fraction of the cost and disruption that falls on your family if you do not.

Mississippi’s intestacy laws determine how your assets are distributed if you die without a will, and the result may not reflect what you would have chosen. A spouse may not receive everything. Children from a prior relationship may have competing claims. A partner who was never legally married to you may receive nothing. A will removes all of that uncertainty and ensures your wishes are carried out.

Frequently Asked Questions

What happens if I die without a will in Mississippi?

Your estate passes under Mississippi’s intestacy laws, which distribute assets according to a fixed formula based on family relationships. Your spouse, children, parents, and siblings may all have claims depending on who survives you. The result may not reflect your wishes, and certain people you would have wanted to provide for, including unmarried partners, stepchildren who were never legally adopted, and close friends, will receive nothing. A will is the only way to ensure your assets go where you want them to go.

Do I need a trust or is a will enough?

For most people with straightforward estates, a well-drafted will is sufficient. A trust becomes more useful when you want to avoid probate, when you have beneficiaries who need assets managed over time rather than distributed outright, or when your estate has specific characteristics that make probate avoidance valuable. We advise clients honestly on whether a trust is worth the additional cost given their specific situation rather than recommending one as a default.

How often should I update my estate plan?

You should review your estate plan after any major life event including marriage, divorce, the birth of a child, the death of a beneficiary or executor, a significant change in assets, or a move to a different state. As a general rule, reviewing your documents every three to five years is good practice even without a specific triggering event. Outdated estate plans are one of the most common sources of unintended consequences in probate.

Can I write my own will in Mississippi?

Mississippi recognizes handwritten wills, known as holographic wills, if they are entirely in the testator’s handwriting and signed. However, holographic wills are more susceptible to challenges and interpretation disputes than formally drafted and witnessed wills. A will drafted by an attorney and properly executed under Mississippi law is significantly more likely to be honored without dispute than a document you prepare yourself.

What is the difference between a will and a living will?

A will, sometimes called a last will and testament, takes effect after your death and governs the distribution of your assets. A living will, also called an advance directive or healthcare directive, takes effect during your lifetime if you become unable to communicate your medical wishes. They serve entirely different purposes and both are important parts of a complete estate plan.

Contact an Estate Planning Attorney in North Mississippi

If you need a will, trust, power of attorney, or other estate planning document, or if you are administering a loved one’s estate, contact Tollison & Webb P.A. to schedule a consultation. We help individuals and families throughout North Mississippi put the right documents in place.

Call (662) 234-7070 or contact us online.