Best Estate Planning Attorneys in Tupelo, MS

Creating a problem by giving land in a will without stating how to divide it Routinely, we oversee estates with real property for which the decedent who wrote the will did not specify clearly enough (or sometimes at all) how the property is to be divided among his/her heirs. In one instance the decedent wrote on a platted deed how he thought he wanted his land divided, but the plat was not consistent with the language in his will. The decedent did not want to pay for a surveyor to ensure that his home was on the same parcel he left to the child he wanted to have the home. As a result, the heirs had to litigate and have a judge resolve who got what parcel. Having no plan at all–no will–is even more expensive, because the estate administrator then has to identify, locate, and serve papers on all the heirs of the decedent. Under Mississippi and many other states’ laws, if the property is inherited, the heirs don’t have to continue to own it together. As a result, the failure to set out how the property is divided results in the heirs having to file a partition suit, appraise the property, and divide or sell the property. This can cost thousands of dollars and often causes family conflicts. A will should facilitate the clear division of one’s assets so that your heirs might each appreciate your gift and prevent potential conflict. Without good planning, a will devising property to several heirs is likely to become an invitation to expensive and frustrating litigation.