Mississippi Law Regarding Inheritance Money for a Child Who Is a Ward of the State
When a Mississippi court grants a government agency guardianship rights over a person, that person is known as a ward. Inheritance laws in Mississippi are dependent upon several factors, although being a ward of the state does not affect the child's inheritance rights. Talk to a Mississippi attorney if you need legal advice about inheritance laws in the state.
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Guardian and Ward
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The state of Mississippi allows the state, in some cases, to act as a guardian for a child or incompetent adult when there is no one else available to take that role. Mississippi Code section 93-13-21 states that when no such person is available, the chancery court is responsible for appointing the court clerk to act as the ward's guardian.
Inheritance by Will
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A state ward has the same rights to inherit property as anyone else, including under the terms of someone's last will and testament. Children are not entitled to inherit property from a parent in Mississippi if the parent makes a valid will, meaning a parent can effectively disinherit a child. However, if someone makes a valid will, the ward, or his estate, is entitled to inherit the property just as anyone else would.
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Intestacy
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Children are also entitled to inherit property if a parent or other relative dies without leaving behind a last will and testament, known as dying intestate. For example, Mississippi Code section 91-1-3 states that when a parent dies intestate, any land or property the parent owned descends or passes to that parent's children or the descendants of the children.
Property
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When the state acts as a ward's guardian, the state has a responsibility to ensure that the ward's property, known as her estate, is handled responsibly. For example, according to Mississippi Code section 93-13-21, a state guardian is "bound and liable in all respects as any other guardian," meaning the state guardian must protect the best interests of the ward. The state is also allowed no more than 10 percent of the ward's estate if it is finally settled or distributed to the ward.
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