Bankruptcy does more than just change your bank account. For a lot of people in Southern Mississippi, it’s a stressful reset button. However, it’s also a chance to start over without the stress of old debts. When the court closes your case, the bills stop coming after you, and you can finally think about the big picture again. That’s when you should take a closer look at your estate plan.
The plan you made before bankruptcy was built for a different life. Maybe you had more property then, or different accounts, or a life insurance policy you’ve since changed. Some assets might have been sold to pay creditors, while others, like a Mississippi homestead up to a certain value, were protected. If your will or trust still lists property you no longer own, or leaves money to people you no longer intend to benefit, you’re leaving behind a legal mess for your family.
There’s no rush to rewrite everything the day after discharge. First, make sure your footing is solid. That means:
Jumping into new loans too soon can undo months of hard work. Think of this as rebuilding the foundation before adding new rooms to the house.
Once your finances feel steady, your estate plan can reflect that. You could start over with your will or make a trust to keep your property out of probate. You could change your life insurance to make sure your dependents are covered, or you could check your retirement accounts to make sure the right people are named.
We’ve helped people across Southern Mississippi protect what they’ve rebuilt after bankruptcy. At O’Brien Law Firm, LLC, we understand you don’t want to go through financial loss again, and a strong estate plan is part of that protection. Call us at 662-672-7619 or use our online intake form to get started.
Running a family business in Mississippi can bring relatives closer together or tear them apart when it is time to plan for the future. Without clear estate planning, fights over control and ownership can erupt quickly. Many family businesses never make it past the second generation because of these conflicts. Business owners who plan ahead can protect the company and keep family relationships strong.
A buy-sell agreement acts like a rulebook for what happens when an owner retires, passes away, or can no longer run the business. These agreements often use life insurance to fund the buyout. This means cash is ready to buy the departing owner’s shares without forcing the company to sell assets or borrow money.
There are different ways to set these up:
No matter the type, the main goal is to avoid confusion and keep control in the right hands. It is also important to update these agreements regularly to reflect changes in the family or business.
A family limited partnership (FLP) can help transfer business ownership while keeping decision-making power with certain family members. In an FLP, the parents or founders usually serve as general partners and keep control, while children or other relatives hold limited partnership interests.
This structure can prevent non-active family members from taking over daily operations, which is a common source of disputes. An FLP can also help reduce estate taxes and protect business assets from creditors.
Issuing different classes of stock is another tool that works well. Voting shares can go to family members involved in the business, while non-voting shares can be given to those who are not. This approach lets all heirs share in profits without giving everyone a say in big decisions, reducing the chance of future conflicts.
At O’Brien Law Firm, we know how stressful it feels to think about passing on a family business. We help Mississippi families create solid plans that protect both the business and family bonds. If you want to make sure your business stays strong while avoiding future fights, contact us today.
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.
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.
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.
