Holcomb Wills & Probate Lawyer, Mississippi

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Includes: Estate Administration, Living Wills, Wills

Tommy W. Defer Lawyer

Tommy W. Defer

VERIFIED
Accident & Injury, Divorce & Family Law, Criminal, Estate, DUI-DWI

The Law Office of Tommy W. Defer was established in December 2003, and is located in the City of Water Valley, Mississippi (just 20 miles South of Oxf... (more)

John C. Cox Lawyer

John C. Cox

VERIFIED
Accident & Injury, Divorce & Family Law, Estate, Criminal, Real Estate
The Oldest Law Firm in Cleveland, Mississippi

A native of Cleveland , John C. Cox has been practicing law in his hometown since 1999. John began work as an associate for his late father and cous... (more)

J Lane Greenlee

Real Estate, Estate Administration, Estate, Divorce & Family Law
Status:  In Good Standing           

George Payne Cossar

Commercial Real Estate, Wills, Wills & Probate
Status:  In Good Standing           Licensed:  65 Years

Robert Michael Tyner

Real Estate, Wills, Administrative Law, Malpractice, Legal Malpractice
Status:  In Good Standing           Licensed:  26 Years

Trent Howell

Education, Landlord-Tenant, Dispute Resolution, Wills & Probate
Status:  In Good Standing           Licensed:  47 Years

Paul M Moore

Litigation, Wills & Probate, Family Law
Status:  In Good Standing           Licensed:  52 Years

Helen Eileen Morris Wade

Personal Injury, Family Law, Commercial Real Estate, Wills
Status:  In Good Standing           Licensed:  31 Years

M Lee Graves

Wills & Probate, Family Law, Civil Rights, Corporate
Status:  In Good Standing           Licensed:  58 Years

Valarie B Hancock

Government, Estate, Divorce & Family Law, Criminal
Status:  In Good Standing           Licensed:  21 Years

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LEGAL TERMS

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

CERTIFICATION OF TRUST

See abstract of trust.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

MARITAL LIFE ESTATE TRUST

See AB trust.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

SAMPLE LEGAL CASES

Estate of Griffith v. Griffith

... 1. In this will contest, the petitioner appeals from the chancellor's order rejecting the probate of the decedent's alleged last will and testament. ... FACTS. ¶ 2. On February 27, 2006, Garland L. Griffith filed a petition to probate the purported last will of his brother, Howard Griffith. ...

In re Estate of Laughter

... 11. In September 2005, Foster and Williams filed petitions for probate of the March will and the May will, respectively. ... Williams immediately moved to strike Foster's original probate claim, which motion was granted on March 19, following a hearing. ¶ 15. ...

Tatum v. Wells

... 1966. [1] Eldridge's will was admitted into probate in Tunica County, Mississippi on October 2, 1967. Proof ... in. 4. The Order Admitting Will to Probate and Record contains statements which Robert A. Tatum knew were false. 741 ...