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Mississippi Last Will and Testament for Married Person with Children

State:
Mississippi
Control #:
MS-WIL-0007
Format:
Word; 
Rich Text
Instant download

Description

This Will is for a married person who has children with the current spouse as well as a child or children from a prior relationship. The Will makes provisions for grandchildren as well as any other minor who will receive under the terms of the Will. The residuary estate will be distributed to a special needs trust for the spouse.

A Mississippi Last Will and Testament for Married Person with Children is a legal document that outlines the wishes of a married person with children in the event of their death. It allows them to designate who will receive their assets, who will act as guardian of their minor children, and who will be responsible for managing their estate. This document is an important part of estate planning and is a way to ensure that the wishes of the deceased are carried out. There are two different types of Mississippi Last Will and Testament for Married Person with Children. The first is a Traditional Will, which is the most common type. This will allows the married person to designate beneficiaries, appoint an executor, and name a guardian for their children. The second type is a Living Will, which is also known as an Advance Directive. This document allows the married person to provide instructions for their medical care and end-of-life decisions in the event they become incapacitated or unable to make those decisions themselves. In order to create a valid Mississippi Last Will and Testament for Married Person with Children, certain requirements must be met. The testator must be at least 18 years old and of sound mind; the will must be in writing and signed by the testator in the presence of two witnesses; and the will must be properly notarized.

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FAQ

Holographic or Handwritten Wills A holographic or handwritten will is valid in Mississippi if it's testamentary in character (i.e. intended to be a will, not just a letter to a friend) and is wholly written, dated, and signed by the testator or creator of the will.

No, in Mississippi, you do not need to notarize your will to make it legal. However, Mississippi allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that.

The will must be in writing, signed by the testator or by someone else at the testator's direction and in their presence. It must also be signed by at least two witnesses. The will must be notarized. Otherwise, certain conditions must be met to determine its veracity.

To write a will, Mississippi law states you must be at least 18 years old, of sound and disposing mind, must intend the document to be your will and must have the written will validly executed. Upon your death, your will must go through probate, a court proceeding that declares the will valid or invalid.

A will can be revoked by the testator destroying, canceling, or obliterating it or having someone else do it in his or her presence. Mississippi is one of the few states where oral or nuncupative wills are valid.

Ing to Title 91 Chapter 7 Section 5 of the Mississippi Code, the court can compel the person who has the will to present it. The person who has the will must file it with the court within 40 days after the person's death.

If you die with children but no spouse, your children will inherit everything. If you die with one child, your spouse gets half of the intestate property and your child gets the other half. If you die with two or more children, your surviving spouse and children each get an equal share of your intestate property.

More info

Another less popular option for married couples is a joint will. This is a single, combined last will and testament for a married couple.Sample will for married couple with children. Edit, sign, and share sample will for married couple with child online. No need to install software, just go to DocHub, and sign up instantly and for free. A joint will is one will for two people, often for a married couple, which acts as a last will and testament for both. This Parents Will for those with minor children is useful for a single or married person who currently has children or intends to have them. I am married to Spouse's Name. All references of "my spouse" are to him or her. I am married to Spouse's Name.

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Mississippi Last Will and Testament for Married Person with Children