Hattiesburg Wills Lawyer

Wills Attorney in Hattiesburg, MS

It can be difficult to consider the end of your life, but it is often important to protect your loved ones and safeguard what you have worked for. Creating a will is a foundational step in estate planning. Working with the right Hattiesburg estate planning lawyer helps you create a valid will and comprehensive estate plan to outline all your wishes and protect your family’s future.

Work With a Hattiesburg Estate Planning Attorney at the Law Offices of Perry W. Phillips

You need an attorney who is compassionate and can base their legal advice on years of practical experience. At the Law Offices of Perry W. Phillips, our attorneys have 58 combined years of legal experience. We understand the specifics of Mississippi law and how it affects wills, estate planning, will contests, and probate.

Creating a will can be a distressing and emotional experience. Our team is ready to help you through this. We grew up in Hattiesburg and provide exceptional support for individuals and families throughout our community. Our team can guide you through the process of creating a will, administering an estate, or handling other matters related to will and probate law.

Understanding a Will

Your will is a fundamental document planning for the future of your estate. The primary function of a will is to list the assets in your estate and how they will be distributed. These assets include financial accounts, real estate assets, and other personal property. A will can also outline the following wishes:

• Who you appoint as the executor of your estate to carry out the terms of the will after your death
• A conservatorship clause, if you have minor children, appoints a guardian for them
• Instructions for how to address any debts or creditors

These are important decisions that you can control, but only if you outline your wishes in a legally valid will.

What Happens Without a Will in Hattiesburg?

If you don’t write a will, then the distribution of your estate and the guardian for your children are determined by state laws and the judge assigned to your case.

Your estate is distributed by intestate laws, which pass portions of your estate to specific legal and biological relatives. This may not be who you want to benefit from your estate. Even if it is, the process does not assign specific assets to your heirs like a will can. This can prolong the probate process, especially if disagreements arise between heirs.

A judge does not know your family or your wishes. By writing a will, you can ensure the right steps are taken after your death.

Who Needs a Will in Hattiesburg?

Everyone can benefit from writing a will. No matter how few assets you have, you can ensure they benefit the individuals or organizations you want. However, there are some individuals for whom creating a will is even more important. This includes:

• Families with children. The average family size in Hattiesburg, according to the U.S. Census Bureau, is 2.93 people. When you have children, creating a will is especially important, as it allows you to determine who will take care of them.

• Homeowners. A home is one of the most valuable assets a person can have. Your will can determine who inherits this and can safeguard this important benefit for your children or other loved ones.

• Individuals with significant income. The average household income in the city is $80,175, according to the Area Development Partnership of Economic Development. Whether you have a lot of assets or few, it is essential to plan where they will go.

When you have significant income, you have more assets that need to be addressed in probate. This can prolong the process, particularly when there is no clear plan for managing disruptions.

• Business owners. 1.5% of workers in Hattiesburg were self-employed in their own incorporated business. If you own a small business, it is especially crucial that you protect that asset.

When you hire an estate planning lawyer, they can help you assess your unique financial, property, and familial needs. Then, they can help you create a will that upholds those needs.

What Are the Benefits of a Will?

Creating a will does not necessarily avoid probate court, but it can simplify the process. It can mitigate tax consequences for your loved ones and save them a long, stressful, and costly probate process. During the process of probate, your loved ones cannot access the assets you leave them. By making the process smoother, you can help them secure financial support more quickly.

Addressing Future Incapacity With Power of Attorney Documents

A will is one part of an estate plan, and powers of attorney are another crucial aspect of this planning. A power of attorney document gives you the ability to put someone in charge of important decisions. You can write the document so that this power goes into effect only if you become incapacitated.

While no one wants to consider a time they might become incapacitated, it can happen, especially as you age. An illness or accident can render you unable to care for yourself or even unable to express your own wishes. A power of attorney document helps you protect yourself and appoint someone to make important decisions on your behalf. You can specify whether that person determines medical, financial, or legal decisions, or all of these decisions.

You can also create a living will, which states your healthcare preferences. This document is followed by the individual you have designated to make decisions on your behalf regarding your medical care. Power of attorney documents ensure that someone you trust manages your financial affairs and makes healthcare decisions when you cannot.

Legal Advice and Guidance for Executors of Estates

After a loved one dies, their estate enters probate and has to be administered. You may be named as the executor in someone’s will, or you could be appointed by the court as the personal representative for the estate of a loved one without a will.

In each case, you are responsible for administering the estate according to probate law. Probate documents are filed in the Chancery Court’s office of the county you reside in or own property in. It can be incredibly helpful to work with an experienced attorney to navigate this process and ensure you uphold the wishes of your loved one’s will.

Navigating Wills Laws in Hattiesburg

You can safeguard your future and navigate other complex estate planning issues with the help of the Law Offices of Perry W. Phillips. Contact us today.