Mississippi § 91-8-401 - Methods of creating trust.

Full text of Mississippi Mississippi Code of 1972 Annotated § 91-8-401 — Methods of creating trust., with citation guidance and answers to common questions.

§ 91-8-401. Methods of creating trust.

A trust may be created by: Transfer of property to another person as trustee or a transfer in the name of the trust during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death; Declaration by the owner of property that the owner holds identifiable property as trustee; Exercise of a power of appointment in favor of a trustee; A court pursuant to its statutory or equitable powers; or By an agent or attorney-in-fact under a power of attorney that: Expressly grants authority to create the trust; or Grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal’s property that is as broad or comprehensive as the principal could exercise for himself or herself and that does not expressly exclude the authority to create a trust. An agent or attorney-in-fact may file a petition for the court to determine whether a power of attorney described in this section grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself.

Source: official Mississippi text · Last verified 2026-08-27

Frequently Asked Questions About Mississippi § 91-8-401

What does Mississippi Code of 1972 Annotated § 91-8-401 cover?

Section 91-8-401 ("Methods of creating trust.") is part of the Mississippi Code of 1972 Annotated, the codified statutory law of Mississippi. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Mississippi § 91-8-401?

A common citation format is "Mississippi Code of 1972 Annotated § 91-8-401" (Mississippi). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Mississippi law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Mississippi official source linked on this page or consult a licensed Mississippi attorney.

How does Mississippi § 91-8-401 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Mississippi can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Mississippi.