Your state's pack. New issues arrive periodically on Mondays. 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.
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.
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
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
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)
Decisions from the courts that bind a Mississippi practitioner — the Mississippi Supreme Court and the Court of Appeals, the U.S. District Courts for the Northern and Southern Districts of Mississippi, and the Fifth Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery.
The lane reads each new opinion from this state’s appellate courts and the federal courts that cover it, and reads-and-discards matters that are not trusts-and-estates (criminal, domestic-relations chancery, and commercial disputes — including cases where an estate or its heirs appear only as a party’s capacity, such as a wrongful-death suit or a tax-sale quiet-title action, rather than as a T&E holding). For this period, no material trusts-and-estates or estate-recovery ruling surfaced.
Nothing to re-paper from the bench this period; plan and draft against the controlling statutes and prior authority unchanged.
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.