Passing down firearms may seem straightforward, but it can become legally risky when the weapons fall under federal regulation. Items like silencers, short-barreled rifles, or automatic weapons are classified as National Firearms Act (NFA) items. These require special handling, even during inheritance. A gun trust helps families in Mississippi avoid legal violations by allowing the transfer of such firearms within a legally compliant structure.
Under federal law, only the registered owner may possess an NFA-regulated firearm. If someone inherits one of these weapons without proper documentation, they could face felony charges.
The standard transfer process includes:
However, when a gun trust is used, the trust, and not the individual, owns the firearm. This means co-trustees can legally possess the weapon and pass it along according to the terms of the trust without triggering new transfer violations.
Mississippi does not add extra rules on top of federal gun laws when it comes to inheritance. Still, only eligible individuals can legally receive a firearm. That excludes convicted felons and others restricted under federal guidelines. Even if a family member is listed in a will or trust, they cannot inherit a firearm if they are legally prohibited from owning one.
Gun trusts help families avoid common mistakes during estate transfers. They eliminate the need for probate, which keeps records private and reduces delays. Executors who are unfamiliar with firearms law may unintentionally commit crimes when transferring guns.
A gun trust reduces that risk by naming trustees who understand the rules. It also allows for multiple legal users, so no one unintentionally violates “constructive possession” laws.
If you own firearms or expect to inherit them, it is important to plan. At O’Brien Law Firm, LLC, we help Mississippi clients build clear legal strategies for passing down guns safely. Whether you need help setting up a gun trust or resolving inheritance concerns, contact us today to get started with confidence.
Divorce and financial hardship often go hand in hand. Many couples in Mississippi face the difficult decision of when to file for bankruptcy: before or after ending the marriage. The choice matters. Timing can affect what debts are erased, how property is divided, and whether either spouse is left holding the bag.
Filing a joint Chapter 7 bankruptcy before divorce can make the entire process smoother. It allows both spouses to eliminate joint debts like credit cards or personal loans in one filing. That leaves fewer issues to sort through during the divorce. In Mississippi, joint filers may also qualify for double exemptions, which protect more property from being liquidated.
In addition, filing together means sharing court and legal costs. However, both spouses must pass the Chapter 7 means test. If their combined income is too high, they may not qualify. In that case, waiting until they separate and have lower individual incomes may open the door to Chapter 7 later.
In some cases, delaying bankruptcy makes more sense. One spouse may plan to file solo to protect specific assets or avoid sharing exemption limits. For example, if the divorce awards one spouse the house, they may file alone later to protect it from creditors.
Filing separately also helps when income limits are an issue. Once separated, each person is evaluated based on their own earnings, which may allow one or both to qualify for Chapter 7. However, this route means paying for two cases instead of one, and a person could miss out on certain protections.
Not all debts go away in bankruptcy. In Mississippi, support obligations like child support or alimony are not dischargeable. However, property settlement payments to an ex-spouse may be wiped out under Chapter 13. That is why it matters how debts are labeled in your divorce decree.
At O’Brien Law Firm, we work with clients to make smart decisions about bankruptcy and divorce timing. If you are unsure when to file or how it might affect your future, we are here to help. Contact us today to protect your finances and move forward with confidence.
If you’re building a legacy for your family, the last thing you want is for that wealth to get tied up in lawsuits or drained by creditors. In Mississippi, asset protection planning can be folded right into your estate strategy without sacrificing your long-term goals. With the right tools, you can pass down what you’ve built while reducing the risk of someone else taking it away.
Mississippi allows a specific kind of trust called a Qualified Disposition in Trust (QDIT). This irrevocable trust protects assets from most lawsuits and creditor claims.
To work, the trust must include a “spendthrift clause” and be managed by a Mississippi trustee. You’ll also need to prove that you’re solvent when transferring assets and sign an affidavit confirming that you aren’t trying to dodge current debts.
The protection isn’t instant. Creditors have up to two years to file a claim after assets are transferred into the trust. However, once that window passes, those assets are much harder to reach.
Exceptions do exist. These include unpaid child support or certain government claims. However, for most people, this tool adds a strong layer of security.
For business owners and real estate investors, forming a Family Limited Liability Company (LLC) is another smart move. It keeps your personal assets separate from business risks and offers liability protection. Additionally, if the LLC is owned by your trust, the protection is even stronger.
If a creditor wins a judgment against you, they usually can’t touch the company itself. All they may get is a “charging order,” which gives them a share of future distributions but no control or access to the business or its property.
At O’Brien Law Firm, we help clients create estate plans that pass on and protect wealth. Whether you want to shield family property, limit exposure to lawsuits, or pass on a business safely, we’ll show you how these tools work together. Contact us today to start building a plan that keeps your future and your family secure.
For years, student loans were considered almost impossible to erase in bankruptcy. However, in 2025, that’s changing. Thanks to updated federal guidance, borrowers in Mississippi and across the U.S. now have a better shot at getting rid of federal student loans through bankruptcy, especially if they’re struggling financially or dealing with long-term hardship.
To discharge student loans in bankruptcy, you have to prove that paying them would cause undue hardship. That means showing you can’t keep up a minimal standard of living while making payments, the hardship is likely to continue, and you’ve tried in good faith to repay the debt.
This test, often called the Brunner Test, was often extremely difficult to meet. But now, borrowers can use simpler documentation to show their situation. You no longer need years of past repayment history or perfect paperwork to prove you tried. Even one positive step, like applying for a repayment plan, may be enough.
In 2024, the U.S. Departments of Education and Justice released joint guidelines that made the process easier. Borrowers can now fill out an attestation form instead of going through drawn-out court fights. If the Department agrees you meet the standard, they may even support your request for discharge.
So far, the results are promising. As of late 2024, about 85% of processed student loan bankruptcy cases have ended in full or partial discharge. That’s a huge jump from just a few years ago when fewer than 1 in 10 were successful.
Discharging loans still requires filing bankruptcy, usually Chapter 7 or Chapter 13, and starting a separate lawsuit within the case, called an adversary proceeding. You’ll need to submit financial records and medical documentation (if relevant) and show why repayment would be unfair under your circumstances.
Borrowers in Mississippi may especially benefit if they attended a for-profit school, are living on disability income, or have faced long-term underemployment. The courts will also look at age, dependents, and your chances of earning more in the future.
If your debt feels impossible to manage, contact O’Brien Law Firm to find out if bankruptcy could be a path to relief.
Blockchain technology has introduced smart contracts into everything, including finance and real estate. Now, some developers are pitching these automated tools for trust and estate administration.
In theory, a smart contract could distribute assets automatically when a condition is met. No executor, no delay. However, this approach raises serious legal questions. Smart contracts may be fast, but they aren’t built to handle fiduciary duties.
Smart contracts follow code. Once the conditions are triggered, the action, such as sending money or releasing an asset, happens automatically. That sounds efficient, but trust law requires more than speed. Executors and trustees must act in the best interests of beneficiaries, and sometimes, that means delaying payment, withholding funds, or responding to legal disputes.
A smart contract can’t pause for a probate issue or correct an error once it executes. It doesn’t recognize nuance. If someone is named in the trust but later found ineligible, the contract may still run unless the code says otherwise. That can create conflicts between what the contract does and what a human fiduciary is required to do.
Mississippi has made progress in recognizing digital assets. Senate Bill 2632 classifies digital property and allows banks to act as custodians using smart contracts. It also defines “control” over assets through private keys and coded permissions. However, nothing in the law extends that power to smart contracts acting as estate executors or trustees.
That means probate courts are still expecting wills and trusts to follow traditional rules: clear legal intent, human discretion, and oversight when disputes arise. Right now, smart contracts don’t meet those standards.
In 2016, a bug in a smart contract led to $60 million being drained from the DAO (Decentralized Autonomous Organization). That same risk applies to trust administration. If a bug or bad input triggers a payout, there may be no way to get the funds back. There’s also no built-in way to pause a transaction for a court order or tax issue.
At O’Brien Law Firm, we assist Mississippi clients who want to use technology safely in estate planning. We’ll explain what is legally allowed and help you protect the people and assets that matter most.
