Estate planning attorneys guide clients through some of life’s most important and emotional moments. 

Some clients come to us for estate plans to ensure their families will be cared for after a client loses capacity or passes away. Others have just lost a loved one and need immediate assistance probating their estate. And some are in the difficult position of wanting to challenge their inheritance. Whatever your estate planning needs, the Wilson Law Group can advise you on your options and compassionately help you through this difficult time. 

Wills

A will allows you to express your wishes regarding how you want your affairs to be handled after your death. First and foremost, you may designate who you want to serve as the guardian of your minor children. You then appoint a personal representative or executor to collect, manage, and then distribute your property after your passing. This individual will pay your creditors and deliver your assets to the specific beneficiaries named in your will.  

Wills are flexible instruments. You can bequeath specific gifts of money or treasured items to individual loved ones or dictate that your personal representative liquidate your estate and divide it equally among your beneficiaries. An estate planning lawyer from Wilson Law Group will help you decide the best way to effectuate your wishes. 

Trusts

Trusts are legal instruments wherein a trustor designates a trustee to hold and manage property for the benefit of beneficiaries. If you set up a revocable trust, meaning one that you can change or terminate at any time, you are the trustor. Generally, you also would be a trustee, though you may designate a spouse or other individual to serve as a co-trustee. To fund the trust, you would transfer your home, personal property, and other assets into your name as trustee of the trust. At this stage, you, as the trustee, still have complete control over your property. 

In the trust documents, you have the opportunity to name beneficiaries and set limitations as to what they inherit and when. 

Under certain circumstances, an attorney might recommend making the trust irrevocable. In this case, once the trustor creates and funds the trust, the trustor no longer controls the assets and cannot terminate the trust. Instead, the designated trustee takes over managing the trust assets. 

What are the benefits of a trust? The primary one is that transferring your assets into a trust avoids the need for your beneficiaries to go through the expensive and time-consuming process of probating your estate. Additionally, whereas probate is a public court proceeding, trusts are confidential documents that the trustee administers privately. 

Guardianships

A guardian is someone who is legally responsible for another individual who cannot manage their own personal care. Parents frequently specify in their wills who should be appointed the guardian for their minor children. But often, mentally disabled adults or elderly adults who have lost the capacity to make decisions also require a guardian. 

Anyone seeking to establish an adult guardianship in South Carolina must file a petition in probate court. Among other things, the petitioner must explain why the incapacitated adult requires a guardian and why less restrictive alternatives are not available or appropriate. 

South Carolina imposes many procedural safeguards to ensure that these individuals’ rights are not taken away lightly. The probate court evaluates all the evidence at a hearing before granting or denying the guardianship petition. 

When a probate court appoints a guardian, that person has authority to make decisions regarding the health, education, maintenance, and support of the incapacitated adult, also known as a ward. The guardian may have full authority, or the guardianship may be limited to assisting the ward with discrete tasks. Our guardianship attorneys can help you satisfy all the requirements necessary to establish an adult guardianship. 

Power of Attorney

A power of attorney is a written document that grants an agent authority to act in the place of the principal. It allows the agent the general authority to do things like buy, lease, or sell property and manage bank accounts and other investments. A principal also may expressly grant authority to do things such as make gifts, delegate authority, or create, amend, or revoke a trust. The agent is a fiduciary, which means they must act in good faith and for the principal’s benefit. 

Under the South Carolina Uniform Power of Attorney Act, a power of attorney is presumed durable, which means it remains in effect if the principal loses capacity. A power of attorney terminates when the principal revokes it or the principal dies.

Probate

Probate is the court-supervised process of settling a person’s estate after they pass away. Once a petition to open probate is filed, the court appoints a personal representative. The personal representative notifies beneficiaries or heirs of the proceedings, notifies and pays creditors, and then distributes the decedent’s assets. This process can be lengthy and challenging, particularly for a personal representative who also is a grieving family member. Hiring an attorney from the Wilson Law Group will help alleviate the burden.

If your loved one died testate, meaning they had a valid will, the executor or personal representative files the will with the court. Assuming the will is valid under South Carolina probate laws, the personal representative distributes your loved one’s assets to beneficiaries as provided by the will. When your loved one dies without a will, the court follows South Carolina inheritance laws in determining who receives their property. 

Estate Litigation

Estate planning generally aims to streamline the process of closing out an estate. Unfortunately, sometimes problems arise. When a will or trust was poorly drafted, or your loved one’s estate planning choices were clouded by capacity issues or undue influence, beneficiaries may be forced to file a lawsuit. Probate administration also may become contentious. 

In these circumstances, you want experienced litigators by your side to fight for your inheritance. The attorneys at the Wilson Law Group are seasoned litigators. We understand the emotional complexities of these types of cases. But our attorneys also will adeptly navigate the procedural hurdles of probate and estate law to protect your rights and obtain a favorable recovery.

Estate planning and administration issues touch every family at some point in time. But families in Myrtle Beach, Comely, Georgetown, Grand Strand, and elsewhere in South Carolina can count on a full-service estate planning lawyer from the Wilson Law Group. Our initial consultation is just a flat-rate fee of $150. Contact us today.