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Will Attorney In Ocean Springs, Mississippi

Dying Without a Will: The Law of Intestate Secession

If you die without a will, your property will pass according to the law of “intestate secession”. This law varies from state to state depending on where your property is located. If your property is in Mississippi, your property will pass as follows:


  1. If you leave a spouse and children, then your spouse and your children will split the estate evenly. For example, if you have 3 children and a spouse, your surviving spouse will receive ¼ of your estate and each of your children will receive ¼ of your estate. If your children have did before you, then their children will inherit their share. Adopted children will receive the same treatment as your biological children as long as they are legally adopted. If your spouse has a child that you have cared for that child’s entire life, but you have not formally adopted that child, that child may be left out of your estate if you do not have a will.
  2. If you have no spouse and no legal children when you pass, then your property passes to your parents.
  3. If your parents are not alive, then your estate will be inherited by your siblings. If you have no spouse, children, parents, or siblings and there are no living descendants of your siblings, then your estate will pass to your grandparents and uncles/aunts in equal parts.
  4. If none of the above apply, there is a procedure in common law for determining the “degree of kinship” of your closest living relative.



To avoid confusion or uncertainty, you should consult an estate planning attorney and prepare a will.

Call Sheehan & Ramsey at 228-400-7075 to schedule a consultation with a lawyer today.

Protecting Your Wishes

A will is a vital legal document that outlines your wishes regarding how your assets should be handled after you pass away. This necessity becomes even more pronounced in bankruptcy situations, where you might have significantly less control over how certain assets are ultimately distributed. In such challenging circumstances, having a well-drafted will in place becomes crucial. It allows you to express clearly how you want your belongings to be managed and ensures that your loved ones are taken care of in the aftermath of your passing. Moreover, a will empowers you to dictate the distribution of your assets according to your intentions, regardless of the financial difficulties or challenges that may arise. By establishing your wishes in a will, you provide peace of mind for both yourself and your family, knowing that they will be supported as you envisioned.

Planning for Your Family’s Future

Having a legally valid will can help you avoid the uncertainty of intestate secession. Because the legal requirements of a will are complicated, it is imperative that you consult an attorney before setting out to write your own will. Having a will can make certain matters (like transferring a mortgage or a car title) much easier. If you have legally valid will, in some cases, your heirs may not have to go through the whole probate process to transfer certain property. This can save them time, money, and stress. Without a will, mortgage companies and the DMV may require that your heirs open a court case to legally establish who your heirs are. This can cause undue financial and emotional stress in an already difficult time.


You may be able to transfer property without a will by deeding property to a trust or to your family while reserving a life estate for yourself. A life estate allows you to live in the property until you pass upon which, the property will automatically legally transfer to the person that you deeded the property to. This can be useful for helping your loved ones save time, money, and confusion.

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Have Questions?

Call Sheehan & Ramsey at 228-400-7075 today to speak to an attorney.

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