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MS SB2729
Bill
AI Summary
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Establishes the Mississippi Real Property Transfer on Death Act, allowing individuals to transfer real property to designated beneficiaries through a revocable, nontestamentary deed effective upon death, requiring recording before transferor's death and capacity equivalent to making a contract.
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Creates the Mississippi Uniform Estate Tax Apportionment Act governing how estate taxes are allocated among beneficiaries and property interests, with provisions for statutory apportionment, credits, deferrals, and court jurisdiction in chancery courts.
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Enacts provisions automatically revoking certain will and trust designations favoring former spouses upon divorce, including removal of former spouses as beneficiaries and fiduciaries unless expressly preserved by court order or prenuptial agreement.
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Establishes creditor rights provisions distinguishing between discretionary, mandatory, and support trust interests, with spendthrift provisions protecting trust beneficiaries from creditors except for child support, spousal support, and certain judgment creditors.
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Enacts the Mississippi Uniform Disclaimer of Property Interests Act (2002/2010) allowing individuals to refuse interests in property or powers of appointment with specific delivery and filing requirements, effective July 1, 2019.
Legislative Description
Uniform Probate and Trust Codes; enact portions.
Last Action
Died In Committee
2/5/2019