The State of Mississippi recently established the "Mississippi School Safety Guardian Program" the in the Office of Homeland Security within the Department of Public Safety. The bill requires that, in consultation with the Mississippi Department of Education, the Department of Public Safety shall establish the program and promulgate rules, regulations, and establish training requirements. It authorizes the governing body of a school to establish a program under the act. It also authorizes the department or the governing body to discontinue a school's participation in the program at any time ..read more

A will or testament is a legal declaration by which a person provides for the transfer of his/her property at death. Most Wills are prepare by an attorney. However, in Mississippi and many states handwritten Wills or Holographic Wills, are valid. To be valid there several minimal requirements a handwritten Will must meet. (1) Will must be prepared in completely in your own handwriting. Mississippi does not require witnesses if it is a handwritten will. The testator must have had the mental capacity to write the Will, such capacity is presumed unless there is evidence to the contrary. The test ..read more

Senate Bill 2263 authorizes chancellors to waive certain petition and procedural requirements in the case of the adoption of an adult. The changes only apply to adoptions where the adult consents to the adoption. In those adoptions, the chancellor is authorized to waive a number of procedural requirements including: • A doctor's certificate; • Certain affidavits; • A home study; • Compliance with the Interstate Compact for Placement of Children; and • Compliance with the Indian Child Welfare Act. The bill also conforms Mississippi's law to federal law by deleting the prohibition against adopt ..read more

Mississippi has enacted a law that prevents any person is person who is incarcerated from obtaining a name change. The only exception to this law is that the District Attorney, the Sheriff, the Commissioner of Mississippi Department of Correction or the Chaplain for the Department of Correction may bring an action on behalf of the incarcerated person. Specifically, the law provides the following: For purposes of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires: (a) "Change of name petition" means a petition to change the legal name of ..read more

HB 607. Effective 7/1/22 Signed 4/13/22. The Mississippi Legislature passed House Bill 607 that provides for an enhanced penalty delivery of fentanyl. This bill creates "Parker's Law" by creating the crime of "fentanyl delivery resulting in death" when a person's death is proximately caused by the injection, oral ingestion or inhalation of the fentanyl. The person who delivers or causes the delivery of fentanyl with knowledge of the fentanyl in exchange for anything of value to another person resulting in death to a person is guilty of the crime. Upon conviction for the crime, the person shal ..read more

Each year in Mississippi the hundreds of are introduced making changes to existing law. Below is a Senate Bill that became law that address where intestate estate case can be filed. SB 2034. Effective 7/1/22 This bill conforms the venue for intestate estates to be probated to the venue for probating a will under Section 91-7-1. The bill provides that letters of administration shall be granted by the chancery court of the county in which the intestate had a fixed residence. If the intestate did not have a fixed residence at the time of death, then the county where the intestate owned land shal ..read more

In 2019 the Mississippi Legislature amended Mississippi's Expungement law to allow more felony convictions to be expunged. This change in the law allowed thousands of people to immediately become eligible for expungement. Prior to the 2019 change, there were only five felonies convictions eligible to be expunged. The new law allows almost all non violent felony convictions to be expunged 5 years after the person has successfully completed all terms and conditions of the conviction. § 99-19-71 (2) (2019) specifically provides: (a) Except as otherwise provided in this subsection, a person who h ..read more

Life insurance companies pay life insurance proceeds to the person or persons listed as beneficiaries. It can be anyone – from the insured’s spouse or ex-spouse to adult children, siblings, business partners, charities, or a trust. At the same time, the insured can list multiple beneficiaries. Besides the primary life insurance beneficiary, they can also name a contingent or secondary beneficiary. They will receive the life insurance payout in the event that the primary beneficiary cannot be found, dies before the insured, or simultaneously with the insured. However, if the primary beneficiar ..read more

As a general rule, upon the death of an individual any life insurance proceeds, bank accounts, mutual funds and retirement distributions pass to a named beneficiary and pass outside of the Estate. Usually, the a person would sets up a beneficiary on these accounts and this allows for that person or persons to receive funds directly without the necessity of probate. creditors cannot attach to these proceeds because they do not pass through the probate process. However, when there are no named beneficiaries or successor beneficiaries the funds may be distributed directly to the estate of the dec ..read more

In most cases claiming life insurance proceeds do not require judicial actions because a designated beneficiary is named in the poli cy. In these cases the life insurance is paid out directly to the beneficiary upon the death of the policy owner. Filing a claim for the death benefits is generally relatively painless and straightforward. The designated beneficiary must contact the insurance company and will likely need a certified copy of the death certificate. Once the claim is approved, the insurance company will cut a check directly to the beneficiary ..read more