If you own Mississippi real estate or an LLC interest, your estate plan can break down when key documents point in different directions. A will might leave “everything” to your children, but a deed might title property another way, and an operating agreement might block a transfer your family expects.
This article explains where the conflicts usually start, what Mississippi law allows for real estate and LLC interests, and how coordinated planning reduces probate delays and family tension.
Mississippi allows a transfer-on-death deed (TOD deed) that can pass real property to a named beneficiary at death, but the deed must meet statutory requirements and the chancery clerk must record it before the owner dies. During the owner’s lifetime, a TOD deed does not take away the owner’s right to sell or mortgage the property.
That flexibility helps, but you still need alignment. A deed-based plan must match the rest of the estate plan, especially when multiple heirs share property. Otherwise, families can end up with “heirs’ property” issues, shared ownership without a clean agreement on management or sale.
An LLC interest does not work like a bank account. Mississippi law treats a member’s transferable financial interest as assignable, but the assignee typically gets no management rights unless the operating agreement allows it and the other members approve or follow the agreement’s procedure.
Death adds another layer. Mississippi law allows a personal representative to exercise the deceased member’s rights for estate settlement purposes, including governance rights held at death and any operating-agreement power that lets an assignee become a member. If your operating agreement stays silent, your family can face delays, voting disputes, or a “paper ownership” interest that produces frustration instead of control.
Buy-sell provisions can prevent a fight, or start one. A well-drafted buy-sell clause can spell out who can buy the interest, how you set the price, and how you fund the purchase. A vague clause can invite pressure tactics and valuation arguments at the worst possible time. Put the business terms in writing while you can still choose them calmly.
The O’Brien Law Firm helps Mississippi clients coordinate deeds, LLC documents, and estate planning tools so the plan works in real life, not just on paper. If you own rental property, land, or a closely held company, call 662-672-7619 or reach us online to set up a planning conversation.
Estate plans work best when they reflect how a family functions. Still, many people sign a will or trust once and leave it untouched for years. Life moves, relationships shift, and assets change. When the plan doesn’t keep up, the gaps usually show up after the decedent passes away, and that’s when disputes can escalate quickly.
One of the most common issues is the assumption that equal shares automatically solve everything. In blended families, that approach can unintentionally create tension. Children from different marriages may have different expectations or histories, and a uniform split doesn’t always match the decedent’s intent.
Another trouble spot is naming minors or individuals with disabilities as direct beneficiaries. Without a trust in place, the court may step in and create a guardianship that limits how the funds can be used.
Beneficiary designations also cause problems. Old retirement or insurance paperwork might still list an ex-spouse or omit newer family members. Since those designations often override the will, the wrong person may end up receiving a significant asset.
When an estate plan looks dated or doesn’t match what’s happening in the family, it’s common for heirs to question whether it reflects what the decedent wanted. Disputes over undue influence or capacity often come up after major life changes, such as remarriages, long periods of estrangement, or a shift in who provided care toward the end of life. On top of that, certain assets can move outside the plan entirely. Joint accounts or pay-on-death designations may leave one person with far more than anyone expected.
Estate plans age quickly when life moves on. Big moments, like marriage, divorce, welcoming a new child, relocating, or a major change in finances, are all good reasons to take another look at your documents. Updating the will or trust, checking your beneficiary forms, and making sure your assets are titled the right way can prevent most surprises later.
If your family or finances have changed since you last checked your estate documents, it may be time for an update. O’Brien Law Firm helps Mississippi families create plans that match real-life circumstances. Call 662-672-7619 (or 866-934-8148 toll-free) or visit our contact page to set up a conversation.
Probate is the court-supervised process for distributing a decedent’s assets, and it can be slow and expensive. For homeowners, a relatively new tool, the Transfer‑on‑Death (TOD) deed, offers a simple way to pass real estate directly to a beneficiary without probate.
Mississippi’s Real Property Transfer‑on‑Death Act allows owners to execute a deed now that names who will receive the property at death, while retaining full control during life.
A TOD deed looks similar to a standard deed but states that the transfer does not take effect until the owner dies. During the owner’s lifetime, the beneficiary has no ownership rights. The owner may revoke the deed, sign a new one, or transfer the property to someone else.
Let’s slow down for a second. To be effective in Mississippi, a TOD deed must contain the usual elements of a recordable deed, clearly state that it is a transfer on death, and be recorded in the land records before the owner dies. If those steps are missed, the deed may fail, and the property may still go through probate.
A couple in their sixties might use a TOD deed to leave a modest home to a single child without setting up a trust.
Here is the part people sometimes miss: a TOD deed only transfers real estate, not vehicles, bank accounts, or personal belongings. If the owner dies with debts, creditors may still reach the property.
When more than one person is listed, they typically share ownership equally. That sounds simple, until someone wants to sell and the others don’t. Disagreements like that aren’t rare. Also, a TOD deed doesn’t let anyone manage the property if the owner becomes mentally or physically unable to. That gap can create problems down the road.
Estate-planning tools are not one-size-fits-all, and rules differ by state. O’Brien Law Firm helps Mississippi clients decide whether a transfer-on-death deed fits into a broader plan or whether a will, trust, or other approach makes more sense. To talk through your options, you can call 866-934-8148 or 662-672-7619 for a confidential consultation.
Mississippi passed the Qualified Disposition in Trust Act, which permits state residents to create self-settled asset protection trusts. When the transferor places property into a qualified disposition trust, the transferor no longer has control of the transferred property and only retains the powers associated with the trust whenever expressly stated in the trust document.
The statute provides that the transferor has no rights to the trust income or principal other than what the trust allows and that any agreement to the contrary is void. This separation of powers is of particular importance in protecting transferred property from claims by the transferor’s creditors.
Creditors may attempt to avoid a qualified disposition, but the statute limits their reach. A disposition can be avoided only to the extent necessary to satisfy the transferor’s debt to that creditor.
If a court sets aside a disposition, the trustee has a lien for costs and attorney’s fees, and beneficiaries keep distributions they received in good faith. These provisions discourage frivolous challenges and ensure that only legitimate debts threaten the trust.
Mississippi’s act enforces spendthrift clauses. Section 91‑9‑713 states that a spendthrift provision restricting transfer of the transferor’s beneficial interest is valid and enforceable and is recognized under federal bankruptcy law. This means creditors cannot reach the trust assets through the beneficiary, and the trustee cannot voluntarily give assets to a creditor on the beneficiary’s behalf.
To establish a qualified disposition trust, the settlor must work with a trustee who is a Mississippi resident or bank. The trust must include a spendthrift clause, be irrevocable, and state that Mississippi law governs.
While the settlor can be a discretionary beneficiary, they cannot have the power to revoke the trust or direct distributions. Transferors should also be solvent at the time of transfer to avoid fraudulent conveyance claims.
If you’re concerned about protecting your wealth from future creditors, consider whether a Mississippi asset protection trust is right for you. At O’Brien Law Firm, LLC, our attorneys can draft a trust that complies with the statute and balances asset protection with access to funds. Contact us at 662-672-7619 or use our online form to start safeguarding your legacy.
When retirement accounts pass via trust to a minor child, both time and tax planning become very important. The SECURE Act 2.0 modified the treatment of inherited IRAs, and in that changed the taxation of distributions to children, as well as when distributions must be taken.
A conduit trust requires the trustee to pass all retirement distributions directly to the child. This keeps things simple and qualifies the child for “Eligible Designated Beneficiary” (EDB) status until age 21. During that time, distributions follow the child’s life expectancy.
However, once the child turns 21, the clock starts: All assets must be withdrawn within 10 years, and possibly in annual installments, depending on when the account owner passed away.
An accumulation trust, by contrast, gives the trustee power to hold distributions inside the trust. This protects assets from creditors or early spending but comes with a tax tradeoff.
Distributions retained by the trust are taxed at high rates quickly. Unless the remainder beneficiaries qualify to be ignored under IRS rules, the account may need to be emptied within 10 years of the original owner’s death, even if the child is still a minor.
Families often overlook how fast taxes increase. Conduit trusts expose the child’s distributions to the “kiddie tax,” which means those funds may be taxed at the parents’ rate.
On the other hand, accumulation trusts trigger the trust’s compressed income brackets and possible net investment income tax. On top of that, the IRS confirmed that individuals who turn 73 in 2024 must begin required minimum distributions by April 1, 2025, ending the extended grace period previously available under pandemic-era relief rules.
At O’Brien Law Firm, LLC, we help clients across DeSoto County and Memphis draft minors’ trusts that honor their wishes without triggering avoidable taxes. Whether you’re creating a new estate plan or adjusting an outdated one, we’ll help you apply the SECURE Act 2.0 rules correctly. Call 662-672-7619 or fill out our intake form to get started.
