“By failing to prepare, you are preparing to fail.”-Benjamin Franklin

Your behavior and appearance in court may significantly influence the outcome of your case; and I understand that to many it may be a scary and stressful situation but it is imperative that you properly prepare for court just as you would for a sport or anything else in your life.  I have included 7 tips for preparing for your court appearance.

1. The Early Bird Gets the Worm.  Plan on getting to the court house at least 30 minutes before court to make sure you know where to go and to meet with your attorney to go over the case and procedure. Also, clear your calendar for court; you may be there all day, so make sure your employment is aware of this and that you have made proper arrangements for child care. Just because your case is set for 8:30 a.m. does not mean that will be heard right then, nor does it mean that it will be quick.
2. Dress for Success. I have told my clients to dress as if they were going to church or a job interview and not like your going to the beach. As the saying goes, your appearance is your first impression. With that being said, you do not necessarily need to wear a three piece suit, but dress professionally. Make sure your outfit is clean and wrinkle free; if you have piercings or tattoos, you may consider covering them up. When it comes to jewelry, try to limit it to three items (earrings count as 1, glasses count as 1, and a watch counts as 1; keep this in mind when preparing). Also you may want to avoid expensive jewelry and designer labels; the last thing you want is to be arguing that you cannot afford the child support, alimony, fine, or what ever and your wearing a Rolex watch or carrying a Prada bag.
3. Less is More. Be careful about bringing family and friends to the hearing. Anyone that was mentioned on a potential witness list, and who is there, but was not subpoenaed, can be called to testify. You do not want your mistress showing up during your divorce hearing, because she could prove adultery. Also, do not bring young children to court, unless your attorney or a Guardian Ad Litem has told you to. The courthouse can be a very boring place for children and if it is a divorce proceeding you do not want to drag your children in there to listen to you saying negative things about the other parent and vis versa. Another recommendation is to leave your cellphones outside the courtroom or at least have them turned OFF. The last thing you need is to upset the Judge by a phone ringing or a text alert.
4. Poker Face. It is very important that you manage your emotions and keep a poker face. Rolling your eyes and sighing will not help your case any. Also avoid speaking negatively of the opposing party, judge, lawyers, or really anyone while in the courthouse; you never know who may be in the next stall in the restroom and there really are no soundproof areas in most courthouses. As your mother told you, “If you can’t say anything nice, do not say nothing at all.”
5. Speaking in Court. In may court, this is the quickest way to get on the Judge’s bad side. Do not speak when someone else is speaking; and do not speak unless you are directly asked a question. Emotions are running high and sometimes it is very hard not to want to shout, “Your a liar” at a witness, but you must hold your tongue. And when you are asked to speak; speak loudly, clear, and slowly so that the Judge and court reporter can hear you properly. If you must speak with your attorney during a hearing, write him/her a note (this is the one time passing notes is good). And again do not speak over anyone else, especially the Judge. Let the Judge or attorney finish asking his/her question before you answer.
6. R-E-S-P-E-C-T find out what it means to me. Address the Judge with the utmost respect by answering with “Yes your Honor” or “No your Honor”. Respect everyone in the court system, even if you really do not like them. Address the opposing counsel and party as “Mr. or “Ms.” You are always being observed, so be on your best behavior. You may be surprised just how far a little respect goes.
7. Breathe. I know it is stressful, but take a deep breath. Be prepared to hear the worst. There are no guarantees or certainties in any court.  If you do not get the outcome that you are seeking, take a moment to compose yourself and move forward. Remember cases can change. A temporary order is not the Judge’s final decision; and if it is a final Judgment; sometimes cases can be appealed or modified, eventually children grow up, new relationships form, and your next chapter starts. Be patient, nothing lasts forever, the circumstances may change in the future and you may get what you wanted at a later date.

By following these pointers, you are less likely to upset the Judge and you are more likely to help in the delivery of your arguments and overall case. These are just a few pointers for preparing for your court appearance and you should always consult you attorney about what he/she may like you to do or not to do. There are still many topics and pointers that I have not addressed here, for instance social media (which I have posted about before). If you have any suggestions, or pointers, please feel free to submit them to me.

The last thing any parent wants to do is drag a child through a custody proceeding; however, its a fact that if you have children and you are going through a divorce or custody proceeding, that the children will ultimately be pulled in the middle. And its an unfortunate fact that may times the children are used as pawns and messengers and ultimately hurt in the end. During this post I will discuss 10 Dos and 10 Don’ts of a custody proceeding in hopes of helping all parties involved in a custody proceeding to help the child adjust to his or her new normal.

After the divorce or custody suit is over, ultimately one parent is awarded custody while the other parent is awarded visitation. Many times, children feel the stress of the situation and feel responsible for the separation and guilty for enjoying time with the other parent. To prevent or at least help the child from feeling such stress each parent SHOULD:

1.Let the child know that you will be okay while he or she is away. Many times a child will worry that their parent will be lonely without him or her; especially if he or she sees the parent sad, crying or upset. You, as a parent, can prevent this by reassuring the child that you will be fine and have plenty to do and that you want the child to go and enjoy his or her visit with the other parent.

2. Allow the other parent to participate in the child’s life. Encourage the child to call, text, Facetime, Skype, or communicate the other parent on a regular basis, especially about school and other activities. Encourage the child to invite the other parent to church or school events and activities.

3. Do not interfere with visitation. Never schedule events or activities during the other parent’s visitation period, especially with out his or her permission.

4. Be flexible with scheduling. Allow extra visitation when available and be reasonable when the other parent requests to reschedule due to family reunions, weddings family holidays. For instance if the other parent can only schedule a summer vacation with the child during the first week of July, why shouldn’t you give up your July 4 holiday for another time, if it does not affect your plans with the child?

5. Make exchanges peaceful. Make sure you leave home on time to make sure you arrive at the proper time. The 30 minute window is for emergencies and should not be taken advantage of during each exchange. Also, leave the drama at home; do not argue in front of the child.

6. Share school photographs. Order extra copies of school and other activity photographs for the other parent and the grandparents or get an extra order form for the other parent to also order photographs.

7. Listen to the child. Many times, a child is going to want to share what he or she did while on visitation, by showing an interest in his or her experiences, you will foster a positive relationship with the other parent. However, NEVER pry into what is going on in the other parent’s home; you do not want the child to feel like he or she is being interrogated.

8. Remember that parenting styles are different. There is a reason you and the other parent are not together anymore, so remember that there are different parenting styles and that’s okay. When the child comes home saying, “I got to _____ at dad’s house,” reassure the child that rules can differ in the other parent’s home, but that he or she must abide by the rules set down by each parent while in their house.

9. Communicate with the other parent. It is very important that parents communicate with one another, especially when it comes to the child’s health and well-being. If a child has been punished at your home, communicate the action and said punishment with the other parent to ensure that both parents are on the same page. And the other parent should do the same. The last thing you want is to tell a child that he is grounded from the internet for two weeks, and then the other parent allows the child to get on the internet while at his or her home. Communication is the key.

10. Promote a positive and healthy relationship. Never speak negatively about the other parent or his/her family, even if it is true.  If the child speaks negatively about the other parent, inquire as to why he or she feels that way, and encourage, him or her to speak with the other parent openly. If you are positive toward the other parent and promote a healthy and positive relationship between the child and the other parent, in the end the child will thank you and have a healthier relationship with both parents. 

Now, there are also things that you should not do during or after a custody action, and I will now discuss them. A local Chancellor recently posted on a blog, “TOP TEN WAYS TO DESTROY A CHILD IN A DIVORCE OR CUSTODY CASE” in which he informed attorneys on making sure their clients refrain from doing any of the ten items listed. I have decided to make that post part of my blog and would like to advise anyone who is going through a divorce or custody action on what not to do, in hopes of informing parents that are going through divorce or custody proceedings how not to traumatize their children.

To prevent making the divorce or custody process more difficult and traumatizing on your children DO NOT:

1. Use the children as pawns. Trash the non-custodial parent’s mail to the child, or hide birthday or Christmas presents. Use denial of visitation or contact as a tool to retaliate. Then tell the child it’s all the other parent’s fault.

2. Use the children as spies. Nobody makes as good a spy as an insider. So what if it puts the children in the middle, or makes them feel like traitors, or makes them choose sides. As long as I get what I want, what does it matter, right?

3. Deny the other parent access to the children. Very effective, especially when coupled with exaggerated or false claims of physical or sexual abuse. Utilized long enough, this tactic can completely estrange the children from the non-custodial parent. This ploy is so effective that children who grow into adults having experienced it often enjoy years of counselling.

4. Make the children feel guilty for loving the other parent. This one is guaranteed to create maximum stress. “Who do you love the most, me or mommy?” Some parents even punish the child for a “wrong” answer.

5. Use the children as messengers. Mommy and daddy won’t talk to each other like adults, so the child is given notes, medical bills, school records, and so on. This is an effective way to put the children right in the middle, and to let them in on adult concerns. Gives them something more to worry about, and shifts the responsibility off of the parents.

6. Criticize the other parent to the children. It really feels great to unload all of the hurt and anger you have toward your ex, and who is better than the children to understand exactly where you’re coming from? It feels super to get that off your chest — right onto the children.

7. Model vindictive and spiteful behavior. “Do as I say, not as I do” is the motto of parents who engage in this behavior. Only problem is, that philosophy has never worked when raising children. But who cares? It’s worth it to take a swipe at the old ex, right?

8. Ignore the children’s stress and negative behavior brought on by the litigation. Tell the children to quit that silly crying, or stop misbehaving or I’ll whip you, or “Quit acting like a baby.” None of that sissy stuff like holding and reassuring them, asking them to share their concerns, or simply devoting some one-on-one attention.

9. Try to “win” the children over by relaxing discipline. Parents who want to be the child’s best friend, not an authority figure. Guaranteed to win the child over to that parent’s “side,” and to undermine the authority of the other “mean” parent. The fly in this ointment is that after a while the child won’t mind you no matter what. But that’s okay as long as you’re best buds, huh?

10. Use the children as targets to vent your own anger and frustration. What’s wrong with lashing out at junior after a particularly frustrating conversation with your ex? Everything.

If you use the ten strategies above and avoid these ten pitfalls that arise during a divorce or custody proceeding, you will not only make the process easier on yourself, it will be easier on your children and hopefully less stressful and prevent the child from getting hurt.

Portions of this blog were taken from a blog at betterchancery.com, https://betterchancery.com/2016/12/13/reprise-best-ways-to-destroy-a-child-in-the-course-of-litigation/

The following is a partial list of the many steps a fiduciary may need to take during the administration of an estate. The fiduciary will be actively pursuing many, if not most of these steps simultaneously. Any fiduciary in a probate role, including, guardians, conservators, executor(ix)s, and administrator(ix)s must fulfill these duties.

Generally speaking, the duties of a fiduciary are limited to the winding up of an estate of a decedent. In the absence of a statute otherwise providing the duties of a fiduciary are (1) to reduce to possession the personal assets of the testator; (2) to pay the testator’s debts; (3) to pay legacies; and (4) to distribute the surplus to the parties entitled thereto. Yeates v. Box, 22 So.2d 411 (Miss. 1945)

Statutorily, the duties and responsibilities of fiduciarys and administrators are generally set forth in Miss.Code Ann. § 91-7-1 et seq. (1972), but specifically see §91-7-47 which provides:

Every fiduciary or administrator with the will annexed, who has qualified, shall have the right to the possession of all the personal estate of the deceased, unless otherwise directed in the will; and he shall take all proper steps to acquire possession of any part thereof that may be withheld from him, and shall manage the same for the best interest of those concerned, consistently with the will, and according to law. He shall have the proper appraisements made, return true and complete inventories except as otherwise provided by law, shall collect all debts due the estate as speedily as may be, pay all debts that may be due from it which are properly probated and registered, so far as the means in his hands will allow, shall settle his accounts as often as the law may require, pay all the legacies and bequest as far as the estate may be sufficient, and shall well and truly execute the will if the law permit. He shall also have a right to the possession of the real estate so far as may be necessary to execute the will, and may have proper remedy therefor.

Assets Defined. §91-7-91 provides:

The goods, chattels, personal estate, choses in action and money of the deceased, or which may have accrued to his estate after his death from the sale of property, real, personal or otherwise, and the rent of lands accruing during the year of his death, whether he died testate or intestate, shall be assets and shall stand chargeable with all the just debts, funeral expenses of the deceased, and the expenses of settling the estate. The lands of the testator or intestate shall also stand chargeable for the debts and such expenses over and above what the personal estate may be sufficient to pay, and may be subjected thereto in the manner hereinafter directed.

Managing the Estate.

1. Set up the bookkeeping records.
2. Discuss with your attorney how monetary assets of the estate will be managed:
3. Establish an estate bank account at a bank located within the State of Mississippi; or
4. All estate funds will be deposited into your attorney’s trust account and will be managed by the attorney. [This procedure should only be utilized if the funds will be in the attorney’s trust account for short periods of time, inasmuch as Mississippi Supreme Court rules provide for confiscation of all interest earned on funds in an attorney’s trust account.]
5. Re-register stocks, bonds in the name of the estate. Arrange for collection of dividends and interest.
6. Inventory all items of property and contact your attorney regarding the necessity for an appraisal.
7. Examine all real estate in which the estate may have an interest, as to its condition, the adequacy of insurance, and the taxes and assessments.
8. Review all investments as to safety and quality; make necessary changes as prudence indicates.
9. Examine books and records of any business interest. Have necessary audits and appraisals made.
10. Discuss with your attorney the management/operation of any business venture in which the deceased was involved prior to death.
11. Talk to Post Master regarding obtaining a key to the deceased’s post office box or having mail delivered elsewhere. Review mail daily!

Collecting assets and information.

1. Locate safe deposit box and key.
2. Contact decedent’s insurance agent(s) regarding filing life insurance, hospitalization or other claims. Life insurance proceeds may or may not be an asset of the estate. Once you have gathered the appropriate information, discuss this with your attorney.
3. Obtain social security burial allowance, if applicable.
4. Check on veteran’s benefits, social security benefits, pension benefits.
5. Locate bank accounts and determine any survivorship interests which may exist in those accounts. Transfer all interest of the deceased in the accounts to estate account or your attorney’s trust account.
6. Collect all stocks and bonds.
7. Locate names and addresses of all heirs, legatees, devisees and next of kin.
8. If an inventory of the property of the deceased is not waived in the will, the inventory, verified by oath, must be filed within ninety (90) days of the grant of the letters of administration pursuant to §91-7-93. If there is more than one fiduciary, all must join in returning the inventory. §91-7-99. If and when additional property of any kind which was not contained in the original inventory shall come into the possession or knowledge of the fiduciary, an amended or supplemental inventory must be filed. §91-7-95.
9. Assemble deeds, abstracts, lease contracts, insurance policies for each parcel of real estate.
10. Investigate the status of any business interest owned.
11. Locate and inventory automobiles, furniture, jewelry and other possessions.

Determining debts and other claims against the estate.

1. Determine current bills owed, doctor, hospital, rent, utilities, etc. and arrange to pay.

• Check decedent’s mail daily.
• Review decedent’s checkbook to locate possible creditors.
• Be sure to talk to decedent’s bank to determine if any recurring debts were paid by draft from decedent’s checking or saving accounts.
• If possible, check decedent’s e-mail accounts to help locate possible creditors.

2. Check on decedent’s charge accounts – make arrangements for continuing services and for obtaining credit or discontinuing services.
3. Find out what long or immediate term debts exist – mortgage, life insurance loan, bank loan, automobile loan.
4. Your attorney will publish legal notice about claims against the estate in newspaper.
5. Obtain vouchers for every bill and claim paid. Keep books and records of all items.

Determining and assert applicable exemptions.

1. It is important that your attorney have an accurate and complete list of all property owned by the deceased at the time of his/her death.
2. Your attorney will review applicable law and the list of property owned by the deceased at the time of death and will file appropriate pleadings before the Court to establish any applicable exemptions
3. § 91-1-19, Miss Code 1972, as amended provides in part:

The property, real and personal, exempted by law from sale under execution or attachment shall, on the death of the husband or wife owning it, descend to the survivor of them and the children and grandchildren of the decedent, as tenants in common, grandchildren inheriting their deceased parent’s share; and if there be no children or grandchildren of the decedent, to the surviving wife or husband; and if there be no such survivor, to the children and grandchildren of the deceased owner.”

• See Title 83, Chapter 3 of the Mississippi Code concerning exempt property, including, but not limited to:§ 85-3-1:

There shall be exempt from seizure under execution or attachment: (a) Tangible personal property of the following kinds selected by the debtor, not exceeding Ten Thousand Dollars ($10,000.00) in cumulative value:

(i) Household goods, wearing apparel, books, animals or crops;

(ii) Motor vehicles;

(iii) Implements, professional books or tools of the trade;

(iv) Cash on hand;

(v) Professionally prescribed health aids;

(vi) Any items of tangible personal property worth less than Two Hundred Dollars ($200.00) each.

Household goods, as used in this paragraph (a), means clothing, furniture, appliances, one (1) radio and one (1) television, one (1) firearm, one (1) lawnmower, linens, china, crockery, kitchenware, and personal effects (including wedding rings) of the debtor and his dependents; however, works of art, electronic entertainment equipment (except one (1) television and one (1) radio), jewelry (other than wedding rings), and items acquired as antiques are not included within the scope of the term “household goods.” This paragraph (a) shall not apply to distress warrants issued for collection of taxes due the state or to wages described in Section 85-3-4.

(b)(i) The proceeds of insurance on property, real and personal, exempt from execution or attachment, and the proceeds of the sale of such property.

(ii) Income from disability insurance.

(c) All property in this state, real, personal and mixed, for the satisfaction of a judgment or claim in favor of another state or political subdivision of another state for failure to pay that state’s or that political subdivision’s income tax on benefits received from a pension or other retirement plan. As used in this paragraph (c), “pension or other retirement plan” includes:

(i) An annuity, pension, or profit-sharing or stock bonus or similar plan established to provide retirement benefits for an officer or employee of a public or private employer or for a self-employed individual;

(ii) An annuity, pension, or military retirement pay plan or other retirement plan administered by the United States; and

(iii) An individual retirement account.

(d) One (1) mobile home, trailer, manufactured housing, or similar type dwelling owned and occupied as the primary residence by the debtor, not exceeding a value of Thirty Thousand Dollars ($30,000.00); in determining this value, existing encumbrances on the dwelling, including taxes and all other liens, shall first be deducted from the actual value of the dwelling. A debtor is not entitled to the exemption of a mobile home as personal property who claims a homestead exemption under Section 85-3-21, and the exemption shall not apply to collection of delinquent taxes under Sections 27-41-101 through 27-41-109.

(e) Assets held in, or monies payable to the participant or beneficiary from, whether vested or not, (i) a pension, profit-sharing, stock bonus or similar plan or contract established to provide retirement benefits for the participant or beneficiary and qualified under Section 401(a), 403(a), or 403(b) of the Internal Revenue Code (or corresponding provisions of any successor law), including a retirement plan for self-employed individuals qualified under one of such enumerated sections, (ii) an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code (or corresponding provisions of any successor law), or (iii) an individual retirement account or an individual retirement annuity within the meaning of Section 408 of the Internal Revenue Code (or corresponding provisions of any successor law), including a simplified employee pension plan.

(f) Monies paid into or, to the extent payments out are applied to tuition or other qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code or corresponding provisions of any successor law, monies paid out of the assets of and the income from any validly existing qualified tuition program authorized under Section 529 of the Internal Revenue Code or corresponding provisions of any successor law, including, but not limited to, the Mississippi Prepaid Affordable College Tuition (MPACT) Program established under Sections 37-155-1 through 37-155-27 and the Mississippi Affordable College Savings (MACS) Program established under Sections 37-155-101 through 37-155-125.

(g) The assets of a health savings account, including any interest accrued thereon, established pursuant to a health savings account program as provided in the Health Savings Accounts Act (Sections 83-62-1 through 83-62-9).

(h) In addition to all other exemptions listed in this section, there shall be an additional exemption of property having a value of Fifty Thousand Dollars ($50,000.00) of whatever type, whether real, personal or mixed, tangible or intangible, including deposits of money, available to any Mississippi resident who is seventy (70) years of age or older.

(i) An amount not to exceed Five Thousand Dollars ($5,000.00) of earned income tax credit proceeds.

(j) An amount not to exceed Five Thousand Dollars ($5,000.00) of federal tax refund proceeds.

(k) An amount not to exceed Five Thousand Dollars ($5,000.00) of state tax refund proceeds.

(l) Nothing in this section shall in any way affect the rights or remedies of the holder or owner of a statutory lien or voluntary security interest.

1. § 85-3-21: Every citizen of this state, male or female, being a householder shall be entitled to hold exempt from seizure or sale, under execution or attachment, the land and buildings owned and occupied as a residence by him, or her, but the quantity of land shall not exceed one hundred sixty (160) acres, nor the value thereof, inclusive of improvements, save as hereinafter provided, the sum of Seventy-five Thousand Dollars ($75,000.00); provided, however, that in determining this value, existing encumbrances on such land and buildings, including taxes and all other liens, shall first be deducted from the actual value of such land and buildings. But husband or wife, widower or widow, over sixty (60) years of age, who has been an exemptionist under this section, shall not be deprived of such exemption because of not residing therein.
2. and § 85-3-11, 13 and 15 concerning Life Insurance, and § 85-3-17 concerning judgments for personal injury.

Determining and paying all taxes.

1. As fiduciary, you are responsible for filing all federal, state and local income, estate or other tax returns or reports. You should discuss this matter with your attorney and make arrangements for the filing of same, if necessary.
2. Pay personal property or real estate taxes owed by the decedent prior to his/her death, if any.

Distributing the Estate.

1. Your attorney will assist you in reviewing the Will to determine who is entitled to share in the estate. This process will involve:
   1. Determining how assets will be distributed, which legatee and devisee is to get each item of property;
   2. Paying all final costs, expenses and probated/allowed claims.
   3. Arranging for transfer and re-register of securities.
   4. Preparation of any deeds, bills of sale or other documents evidencing the transfer of title to property to devisee’s, legatee’s or heirs.
2. You and your attorney will also prepare an accounting to the court and interested parties as to the distribution of the assets of the estate.
3. You will also obtain releases and acknowledgments of receipt from all beneficiaries to be filed with Court.

This is the question that plagues many people. As if losing a loved one isn’t stressful and heart-breaking enough, the survivor(s) must make some important decisions that could affect the decedent’s assets and potentially his/her legacy. Follow the steps below to assist in determining if Probate is required or needed.

1. What did the decedent own at the time of his/her death?

The answer to this question is the single most important factor in determining whether probate is required or needed. If the decedent didn’t own any assets, then the estate may not need to be probated. If the decedent did own assets, proceed to the next steps.

2. How are the decedent’s assets titled?

If you find out that the decedent did own assets, determine how each asset is titled. There are several ways that an asset might be titled, including:

1. Decedent’s name alone.
2. Tenants in common (i.e., jointly without rights of survivorship).
3. Jointly with rights of survivorship.
4. Revocable living trust.
5. Other separate entity (LLC, corporation, etc.).

Knowing how each asset is titled will assist in determining which assets pass automatically to others (non-probate assets) and which require Mississippi probate (probate assets). For example, real estate that is held jointly with rights of survivorship will pass to a surviving owner without the need for probate; whereas real estate that is held in the decedent’s name alone, may require probate.

PROBATE TIP: To determine if real estate is held in joint tenancy with right of survivorship take a look at the deed to the property. If the deed states “to A and B, as joint tenants with right of survivorship” or similar phrases indicates that the property is held jointly. Sometimes the deed may state, “A and B, as joint tenants with right of survivorship and not as tenants in common,” making it clear that the property is not intended to be held as tenants in common. If the deed either states that the property is held as tenants in common or is silent regarding the issue, the property is presumed to be held as tenants in common and probate is generally necessary. Consult a probate attorney to assist in determining the classification of ownership of real estate.

3. Do the decedent’s assets have beneficiary designations?

Some assets, like financial accounts and insurance policies, may be titled with a “payable on death”, POD, (also called a “transfer on death”) designation. At the decedent’s death, a POD designation will automatically pass the asset to the named beneficiary without the need for probate of that asset. While you will need to provide the financial institution or insurance company with a death certificate (and possibly fill out a few forms), assets with a valid beneficiary designation should pass outside of the Mississippi probate process.

4. Where are the decedent’s assets located?

Even if you determine that probate will probably be required, this doesn’t necessarily mean that Mississippi is the right state in which to bring the estate proceeding. If, for example, the decedent resided in Mississippi but owned real estate in Alabama, it could be that Alabama is the best place to bring the estate proceeding or possibly a second probate may be needed or a monument of title may be used. For more information on this topic, consult a Probate Attorney.

5. What is the value of the decedent’s probate assets?

Once you determine that there are probate assets an estimation of the value of each asset will be needed. Debts owed by the decedent in connection with the asset will need to be subtracted from the gross value to give the asset’s net worth. This will allow you to make an informed decision about how to proceed.

In a few situations, such as insolvent estates, some choose not to go through probate since there wouldn’t be any assets left over to distribute. But even if there are a number of debts, there may be tools available in the probate process to protect at least some of the assets from creditors. At the very least, the Mississippi homestead exemption and spousal allowance should be considered.