South Carolina Will & Trusts Attorney
The death or illness of a loved one is one of the most difficult life experiences to go through. It is even more difficult if there was no planning to ensure those you love are taken care of after you have passed. If you die without a will your assets will be distributed according to the “intestate” laws of your state.
SC Will & Trust Law
In South Carolina, if you die without a will and have a spouse and children, your spouse will receive one-half of your estate and your children will receive the other half. If there are no children, then in that event, the surviving spouse will inherit the entire intestate estate. If there are no children or grandchildren and no spouse, then your parents (if living) will be the next in line to take. The intestacy statute continues to branch out and includes more distant relatives until all individuals eligible to take have been identified. If there are no heirs to take, your intestate estate will “escheat,” or pass, to the State of South Carolina. (South Carolina Code of Laws 62-2-102-105).
Be Ready For Anything
Having proper Wills and Trusts in place establishes how and to whom your assets will be distributed. A will allows you to select a Personal Representative (individual or corporate entity) to carry out the terms of your will. Additionally, the will allows parents with minor children the opportunity to identify who they wish to take care of the children should both parents die. Family members are not automatically granted custody of minor children. Therefore, expressing your wishes in a will is extremely important. It allows you, as the parent, to identify who, in your opinion, will best meet the needs of your children. This can be very useful to the court in determining who will receive custody.
If you have not yet created a plan that adequately provides for your children, contact Clark Law Office today to set up a consultation to see how you can best provide for your children’s future.
A trust names a Trustee to hold and administer property or assets for the benefit of the trust beneficiaries. Trusts can be used to avoid probate, manage property, protect assets, and protect beneficiaries from misuse of trust property. We can help with any of the following trusts:
- Testamentary Trusts
- Revocable Living Trusts
- Irrevocable Living Trusts
- Special Needs Trusts
- And numerous other types of trusts
South Carolina Power of Attorney Services
We understand how uncomfortable it can be to think about the possibility of ever becoming incapacitated. However, no matter how cautious we are in our everyday lives, tragedy can strike at a moment’s notice. It’s always best to plan for the worst.
If you are ever incapacitated, it can be an overwhelming, emotional and stressful time for you and your family. You can ease their pain by putting a power of attorney in place to represent you and explain your wishes as well as how they should be carried out.
A power of attorney can be one of the most important estate planning documents you will use. At Clark Law Office, LLC, we can provide you and your loved ones with the legal tools necessary to protect your best interests, no matter what life throws at you.
The most common Power of Attorney Documents are the Durable Power of Attorney and the Health Care Power of Attorney. The Durable Power of Attorney is filed at the Office of the Register of Deeds in the county in which you live. This document remains valid even if you become incapacitated and unable to handle matters on your own. The Health Care Power of Attorney allows you to address very important end-of-life decisions.
South Carolina Probate
Probate is the legal process that takes place after an individual dies. This process includes things such as validating the decedent’s will (if they had one), appointment of a Personal Representative, identification of beneficiaries and heirs, and identification and distribution of estate assets. The time and cost associated with probate administration depends on a number of factors including, but not limited to, whether or not the decedent left a valid will; whether or not a bond is required; whether or not there are creditors of the estate; and whether or not there is a contesting of the will.
The Clark Law Office can offer guidance and help alleviate confusion about the probate process.