Estate Exemptions

Mississippi has a number of state law exemptions that can be useful in doing estate work.  Mississippi Code Annotated § 91-1-19 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.”

 

This appears to make it arguable that some of the property of an estate in the right circumstances is even part of the estate and subject to Mississippi’s exemption statutes from execution.   You can look at Mississippi Code Annotated §85-3-1 for a list of what all is exempt.  My general practice is to notice all the creditors who have filed a claim with a Rule 81 (d)(2) summons if I am filing stating the claim is insolvent or taking the exemptions.  That gives a little more protection to everyone.  The creditors rarely, if ever, appear