T&E Solo Pack · Mississippi · Week Of June 1, 2026

Mississippi.

Your state's pack. New issue every Monday. Bookmark it. I built this for the Mississippi T&E solo who knows the probate statutes cold but still loses an afternoon a week tracking the moving Medicaid pieces.

For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.

MS
Mississippi · Magnolia State
UPC — No (own probate statutes)
Community Property — No (common law)
LTC — Mississippi Medicaid (DOM)
Estate Recovery — Probate-only
T&E Solo Pack Built for Mississippi attorneys
The Big Three · Week Of June 1, 2026

Here's what I'd want you to see from last week.

Three developments I think actually matter to a Mississippi T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.

01

Mississippi Medicaid estate recovery is limited to the probate estate.

When Mississippi enacted recovery effective July 1, 1994, it chose not to expand the definition of estate — the Division of Medicaid (DOM) recovers only from the probate estate, for recipients 55+ in a nursing facility or HCBS waiver at death.

Probate-avoidance planning works here in a way it does not in expanded-estate states. A funded trust or a non-probate transfer keeps assets out of DOM's reach — subject to the look-back and divestment rules.

Miss. Code § 43-13-317 & 42 U.S.C. § 1396p · medicaid.ms.gov

02

Mississippi recognizes the TOD deed — treat its recovery effect carefully.

The Mississippi Real Property Transfer-on-Death Act took effect July 1, 2020, authorizing TOD deeds. A TOD deed is not a transfer of assets for LTC eligibility, and the property passes outside probate.

Because Mississippi recovery is probate-only and a TOD deed bypasses probate, the deed is a useful tool — but DOM guidance and some practitioners treat TOD property as recoverable, so confirm DOM's current position before relying on it for a specific client.

Miss. Real Property Transfer-on-Death Act (eff. 7/1/2020) · medicaid.ms.gov

03

The 2026 federal figures are set.

Maximum CSRA is $162,660 (minimum $32,532); Mississippi applies the standard $752,000 home-equity limit (not the higher tier).

Two places this lands: community-spouse protection math and high-value-home clients. Flag the 2028 H.R. 1 flat $1,000,000 home-equity cap now.

42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)

Week Of June 1, 2026

This week.

This week in Mississippi for the T&E solo with Medicaid-planning clients: what the Mississippi Bar, the Legislature, and the Division of Medicaid put in front of you.

The Mississippi Bar CLE calendar, the Estates & Trusts Section, and the DOM policy manual all publish on different schedules. This is that sift, already done, with the link on each item.