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Source: https://estatepreservationlawfirm.com/feed/

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<title>The Benefits of Involving a Lawyer in Estate Planning</title>
<link>https://estatepreservationlawfirm.com/involve-lawyer-in-estate-planning/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Thu, 16 Mar 2023 17:27:04 +0000</pubDate>
<category><![CDATA[Estate Planning]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=907</guid>
<description><![CDATA[Estate planning is an essential process that involves making important decisions about your assets, property, and finances. It requires careful consideration of your wishes and establishing legal documents to ensure your intentions are carried out in the event of your death or incapacitation. While it is possible to undertake estate planning on your own, there…
The post <a href="https://estatepreservationlawfirm.com/involve-lawyer-in-estate-planning/">The Benefits of Involving a Lawyer in Estate Planning</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></description>
<content:encoded><![CDATA[Estate planning is an essential process that involves making important decisions about your assets, property, and finances. It requires careful consideration of your wishes and establishing legal documents to ensure your intentions are carried out in the event of your death or incapacitation. While it is possible to undertake estate planning on your own, there are many benefits to involving a lawyer in the process. In this article, we will explore some of the benefits of involving a lawyer in estate planning.
<h2>Expertise and Experience </h2>
One of the most significant benefits of hiring estate planning lawyers is their expertise and experience. Lawyers specializing in estate planning deeply understand the legal and financial issues involved in the process.
They can provide valuable guidance and advice to help you make informed decisions about your estate plan. They can also ensure that your plan is legally valid and enforceable, which can help prevent disputes or challenges from arising after your death.
<h2>Customized Estate Plan</h2>
Another benefit of involving a lawyer in estate planning is the ability to create a customized estate plan that meets your unique needs and goals. Estate planning is not a one-size-fits-all process, and lawyers can help you tailor your plan to reflect your circumstances. They can help you identify your priorities, such as protecting your family members or minimizing taxes and create a plan that achieves your objectives.
<h2>Avoidance of Probate</h2>
Probate is the legal process after a person dies, where their assets are distributed according to their will or intestacy laws. It can be a lengthy and expensive process and emotionally draining for family members who are grieving the loss of a loved one.
One of the benefits of involving a lawyer in estate planning is the ability to create a plan that avoids probate altogether. This can simplify the distribution of your assets and minimize the costs and stress for your loved ones.
<h2>Protection of Assets</h2>
Another benefit of involving a lawyer in estate planning is the ability to protect your assets from creditors, lawsuits, and other potential threats. Estate planning lawyers can help you create trusts, establish LLCs or other legal structures, and take other measures to shield your assets from potential risks. This can ensure that your assets are preserved for your intended beneficiaries and not lost to creditors or legal disputes.
<h2>Peace of Mind</h2>
Perhaps the most significant benefit of involving a lawyer in estate planning is the peace of mind that comes with knowing your estate plan is in order. Estate planning can be complex and emotionally charged, and having a lawyer by your side can help alleviate some of the stress and uncertainty. Estate planning lawyers can answer your questions, provide guidance, and ensure your wishes are respected and carried out after your death.
<h2>Conclusion</h2>
Involving a lawyer in estate planning can provide numerous benefits, including expertise and experience, a customized estate plan, avoidance of probate, protection of assets, and peace of mind. While it is possible to create an estate plan on your own, a lawyer can provide valuable guidance and ensure that your plan is legally valid and enforceable. If you are considering estate planning, consulting with a lawyer to explore your options and create a plan that meets your unique needs and goals is wise.
Estate planning can involve difficult decisions and uncomfortable discussions, but Estate Preservation Law Firm is here to make the process as smooth and easy for you as possible. Our firm provides comprehensive <a href="https://estatepreservationlawfirm.com/will-based-estate-planning/">estate planning services</a> to clients of all ages and backgrounds throughout Rock Hill, SC.
The post <a href="https://estatepreservationlawfirm.com/involve-lawyer-in-estate-planning/">The Benefits of Involving a Lawyer in Estate Planning</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></content:encoded>
</item>
<item>
<title>How Can You Avoid Probate in SC</title>
<link>https://estatepreservationlawfirm.com/how-can-you-avoid-probate-in-sc/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Mon, 13 Mar 2023 00:38:26 +0000</pubDate>
<category><![CDATA[Estate Planning]]></category>
<category><![CDATA[Trusts]]></category>
<category><![CDATA[Wills]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=898</guid>
<description><![CDATA[Probate is a complex and often lengthy process involving a lot of paperwork and expense. It can also delay the distribution of assets to heirs and beneficiaries. While probate is necessary in some cases, there are ways to avoid it in South Carolina. This article overviews the probate process and offers strategies to help South…
The post <a href="https://estatepreservationlawfirm.com/how-can-you-avoid-probate-in-sc/">How Can You Avoid Probate in SC</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></description>
<content:encoded><![CDATA[Probate is a complex and often lengthy process involving a lot of paperwork and expense. It can also delay the distribution of assets to heirs and beneficiaries. While probate is necessary in some cases, there are ways to avoid it in South Carolina. This article overviews the probate process and offers strategies to help South Carolina residents avoid probate. 
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Probate is a legal procedure that takes place after a person’s death. It involves the court overseeing the distribution of a deceased person’s assets to their heirs and beneficiaries. The process can be complicated and time-consuming, requiring identifying and settling the deceased person’s debts and taxes and distributing their remaining assets. It also requires court filings, court appearances, and other legal procedures.
A knowledgeable probate attorney can assist if you have trouble understanding the South Carolina probate process. For a consultation, contact a probate attorney in Rock Hill, SC.
How Do Probates Function?
The legal procedure known as probate is used to split a person’s assets after their death. The court will first designate the executor, who will oversee that the decedent’s debts are settled and that the remaining assets are distributed to beneficiaries.
Many people want to spare their loved ones the hassle of going through probate because it is expensive and can take over a year. If someone wants to shield their loved ones from probate, they have some options when creating an estate plan.
Living Trust 
A living trust can be used to protect assets from the probate process. A living trust can hold any asset, including land, cars, bank accounts, etc. When establishing a trust, the original trustee must select a successor trustee and assume control of the assets. 
The assets pass to the succeeding trustee upon their demise, who distributes them among the trust’s beneficiaries. Distribution may take place without a court order being necessary. You may speak to an estate attorney in Rock Hill, SC for more information. 
Joint Ownership
It is usual for two people to have assets together, such as a married pair. In some circumstances, South Carolina recognizes the right of survivorship, which can assist families in avoiding probate when a loved one dies. When two persons jointly own something, and one goes away, the other person immediately gets it under the right of survivorship. 
Dual tenancy is the phrase used in this situation. There is no requirement that the property first goes through probate. But, a joint ownership form must be filled out to prove the survivor is an owner.
When the property is real estate, the language on the deed is quite specifically outlined under South Carolina statutes. The deed should describe the owners as “joint tenants with right of survivorship” instead of “tenants in common.” 
If one of the owners passes away, this can assist in preventing confusion and the probate procedure. No matter what kind of property is held under joint tenancy, each owner must legitimately be entitled to an equal portion.
Bank Accounts and Payable-on-Death Designations
On rare occasions, people will shield their bank accounts from probate. To safeguard money and CDs, a bank account may be designated as “payable-on-death.” The bank account owner has total control over it for the rest of their life and is even permitted to remove or spend the entire balance. 
The beneficiary listed on the designation cannot access the money until the account owner passes away. The beneficiary can then ask the bank for access to the account without first going through probate. 
Transfers of Securities
Securities like stocks and bonds can be transferred to another individual after death, like bank accounts. The use of transfer-on-death papers is frequently required for stock and bond registration. Probate is unnecessary when securities are designated as transfer-on-death because they immediately transfer to the beneficiary listed on the form after the shareholder passes away.
Beneficiaries of stocks and bonds will immediately collect the investment from the brokerage business, much to how beneficiaries deal with the bank directly when a bank account has a payable-on-death designation. The brokerage firm must instantly transfer the account.
Conclusion 
Understanding the ins and outs of probate in South Carolina is important if you want to avoid it. You can use methods such as creating a trust, setting up joint ownership of assets, or assigning a beneficiary to avoid the process. It is imperative to be aware of the laws of your state, as each state has different requirements for probate. 
Additionally, utilizing the services of a Rock Hill probate attorney may help you ensure that your estate plan is properly executed and in compliance with South Carolina’s probate laws.
Estate planning can involve difficult decisions and uncomfortable discussions, but we are here to make the process as smooth and easy as possible. Estate Preservation Law Firm provides comprehensive estate planning services to clients of all ages and backgrounds throughout the Rock Hill, SC, area. Speak to a <a href="https://estatepreservationlawfirm.com/trust-based-estate-planning/">probate attorney in Rock Hill, SC</a>, today!
The post <a href="https://estatepreservationlawfirm.com/how-can-you-avoid-probate-in-sc/">How Can You Avoid Probate in SC</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></content:encoded>
</item>
<item>
<title>10 Factors Affecting Probate Processing in South Carolina</title>
<link>https://estatepreservationlawfirm.com/factors-affecting-probate-processing/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Thu, 09 Mar 2023 17:23:43 +0000</pubDate>
<category><![CDATA[Probate]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=904</guid>
<description><![CDATA[Probate is the legal process of carrying out a deceased person’s estate, and it is a complex process that can take a long time to complete. In South Carolina, the probate process is governed by the South Carolina Probate Code and the South Carolina Probate Court. Understanding the factors affecting the timing of probate processing…
The post <a href="https://estatepreservationlawfirm.com/factors-affecting-probate-processing/">10 Factors Affecting Probate Processing in South Carolina</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></description>
<content:encoded><![CDATA[Probate is the legal process of carrying out a deceased person’s estate, and it is a complex process that can take a long time to complete. In South Carolina, the probate process is governed by the South Carolina Probate Code and the South Carolina Probate Court. 
Understanding the factors affecting the timing of probate processing in South Carolina is vital. Thus, here are ten of the most common factors affecting probate processing in South Carolina.
<h2>1. Estate Planning</h2>
If a person adequately plans their estate using wills and other legal documents, it can help expedite the probate process. Proper estate planning can ensure that the deceased person’s preferences are carried out and help avoid potential legal disputes among heirs.
<h2>2. Size of the Estate</h2>
The estate’s size will also impact the speed of probate processing. Completing the necessary paperwork and navigating the legal process may take longer if the estate is large.
<h2>3. Will Validity</h2>
The probate process can be completed promptly if the will is uncontested and valid. However, issues with the will, such as a challenge to its validity, can cause delays.
<h2>4. Availability of Assets</h2>
If assets such as real estate, investments, or other assets are not readily available, it can delay the probate process. If assets must be sold or transferred to heirs, it can take additional time to complete the process.
<h2>5. Creditors</h2>
If the deceased person has outstanding debts, the creditors must be notified and allowed to seek repayment before settling the estate. This can add additional time to the probate process.
<h2>6. Number of Beneficiaries</h2>
The number of beneficiaries in the estate can also affect the amount of time and money required for probate processing. A more significant number of beneficiaries will require more paperwork and legal processes to complete the probate process.
<h2>7. Legal Disputes</h2>
If family members or beneficiaries dispute the terms of the will or the estate, it can cause a delay in the probate process. Disputes can be resolved through the court system, which can add additional time to the probate process.
<h2>8. Estate Tax</h2>
If the estate is subject to estate tax, this can add complexity to the probate process and result in delays.
<h2>9. The Competency of the Probate Lawyer</h2>
The competency of the probate lawyer handling the case can also affect the length of probate processing. An experienced probate attorney knowledgeable about the laws and regulations in South Carolina can help ensure the process is completed quickly and efficiently.
<h2>10. Probate Court Backlog</h2>
The probate court may have a backlog of cases that can cause delays in the probate process. The court can only process a certain number of cases at a time, and if there are too many cases, the process may take longer than expected.
<h2>Conclusion</h2>
Several factors can affect the processing of probate in South Carolina. It is essential to understand these factors to ensure that the probate process is completed on time. Working with an experienced probate attorney ensures that the probate process is handled efficiently and that your loved ones are taken care of promptly.
Estate Preservation Law Firm provides the estate planning services you need to ensure your loved ones are cared for. Our experienced team of attorneys and staff are dedicated to providing the highest quality services in the area. If you need a <a href="https://estatepreservationlawfirm.com/will-based-estate-planning/">probate attorney in Rock Hill, SC</a>, to learn more about our services, please do not hesitate to contact us.
The post <a href="https://estatepreservationlawfirm.com/factors-affecting-probate-processing/">10 Factors Affecting Probate Processing in South Carolina</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></content:encoded>
</item>
<item>
<title>Estate Preservation: How Can You Avoid Probate in SC?</title>
<link>https://estatepreservationlawfirm.com/estate-preservation-sc-avoid-probate/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Thu, 02 Mar 2023 17:20:06 +0000</pubDate>
<category><![CDATA[Estate Planning]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=901</guid>
<description><![CDATA[Probate is a complex and often lengthy process involving a lot of paperwork and expense. It can also delay the distribution of assets to heirs and beneficiaries. While probate is necessary in some cases, there are ways to avoid it in South Carolina. This article overviews the probate process and offers strategies to help South…
The post <a href="https://estatepreservationlawfirm.com/estate-preservation-sc-avoid-probate/">Estate Preservation: How Can You Avoid Probate in SC?</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></description>
<content:encoded><![CDATA[Probate is a complex and often lengthy process involving a lot of paperwork and expense. It can also delay the distribution of assets to heirs and beneficiaries. While probate is necessary in some cases, there are ways to avoid it in South Carolina. This article overviews the probate process and offers strategies to help South Carolina residents avoid probate. 
Probate is a legal procedure that takes place after a person’s death. It involves the court overseeing the distribution of a deceased person’s assets to their heirs and beneficiaries. The process can be complicated and time-consuming, requiring identifying and settling the deceased person’s debts and taxes and distributing their remaining assets. It also requires court filings, court appearances, and other legal procedures.
A knowledgeable probate attorney can assist if you have trouble understanding the South Carolina probate process. For a consultation, contact a probate attorney in Rock Hill, SC.
<h2>How Do Probates Function?</h2>
The legal procedure known as probate is used to split a person’s assets after their death. The court will first designate the executor, who will oversee that the decedent’s debts are settled and that the remaining assets are distributed to beneficiaries.
Many people want to spare their loved ones the hassle of going through probate because it is expensive and can take over a year. If someone wants to shield their loved ones from probate, they have some options when creating an estate plan.
<h3>Living Trust </h3>
A living trust can be used to protect assets from the probate process. A living trust can hold any asset, including land, cars, bank accounts, etc. When establishing a trust, the original trustee must select a successor trustee and assume control of the assets. 
The assets pass to the succeeding trustee upon their demise, who distributes them among the trust’s beneficiaries. Distribution may take place without a court order being necessary. You may speak to an estate attorney in Rock Hill, SC for more information. 
<h3>Joint Ownership</h3>
It is usual for two people to have assets together, such as a married pair. In some circumstances, South Carolina recognizes the right of survivorship, which can assist families in avoiding probate when a loved one dies. When two persons jointly own something, and one goes away, the other person immediately gets it under the right of survivorship. 
Dual tenancy is the phrase used in this situation. There is no requirement that the property first goes through probate. But, a joint ownership form must be filled out to prove the survivor is an owner.
When the property is real estate, the language on the deed is quite specifically outlined under South Carolina statutes. The deed should describe the owners as “joint tenants with right of survivorship” instead of “tenants in common.” 
If one of the owners passes away, this can assist in preventing confusion and the probate procedure. No matter what kind of property is held under joint tenancy, each owner must legitimately be entitled to an equal portion.
<h3>Bank Accounts and Payable-on-Death Designations</h3>
On rare occasions, people will shield their bank accounts from probate. To safeguard money and CDs, a bank account may be designated as “payable-on-death.” The bank account owner has total control over it for the rest of their life and is even permitted to remove or spend the entire balance. 
The beneficiary listed on the designation cannot access the money until the account owner passes away. The beneficiary can then ask the bank for access to the account without first going through probate. 
<h3>Transfers of Securities</h3>
Securities like stocks and bonds can be transferred to another individual after death, like bank accounts. The use of transfer-on-death papers is frequently required for stock and bond registration. Probate is unnecessary when securities are designated as transfer-on-death because they immediately transfer to the beneficiary listed on the form after the shareholder passes away.
Beneficiaries of stocks and bonds will immediately collect the investment from the brokerage business, much to how beneficiaries deal with the bank directly when a bank account has a payable-on-death designation. The brokerage firm must instantly transfer the account.
<h2>Conclusion </h2>
Understanding the ins and outs of probate in South Carolina is important if you want to avoid it. You can use methods such as creating a trust, setting up joint ownership of assets, or assigning a beneficiary to avoid the process. It is imperative to be aware of the laws of your state, as each state has different requirements for probate. 
Additionally, utilizing the services of a Rock Hill probate attorney may help you ensure that your estate plan is properly executed and in compliance with South Carolina’s probate laws.
Estate planning can involve difficult decisions and uncomfortable discussions, but we are here to make the process as smooth and easy as possible. Estate Preservation Law Firm provides comprehensive estate planning services to clients of all ages and backgrounds throughout the Rock Hill, SC, area. Speak to a <a href="https://estatepreservationlawfirm.com/trust-based-estate-planning/">probate attorney in Rock Hill, SC</a>, today!
The post <a href="https://estatepreservationlawfirm.com/estate-preservation-sc-avoid-probate/">Estate Preservation: How Can You Avoid Probate in SC?</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></content:encoded>
</item>
<item>
<title>Guardianship and Conservatorship Under South Carolina Law</title>
<link>https://estatepreservationlawfirm.com/guardianship-conservatorship-south-carolina-law/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Tue, 28 Feb 2023 06:21:36 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=894</guid>
<description><![CDATA[In South Carolina, guardianship and conservatorship are legal terms that are often used interchangeably to refer to appointing someone to make decisions on behalf of another person who cannot do so for themselves. The process of appointing a guardian or conservator begins with a petition filed with the probate court in the county where the…
The post <a href="https://estatepreservationlawfirm.com/guardianship-conservatorship-south-carolina-law/">Guardianship and Conservatorship Under South Carolina Law</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></description>
<content:encoded><![CDATA[In South Carolina, guardianship and conservatorship are legal terms that are often used interchangeably to refer to appointing someone to make decisions on behalf of another person who cannot do so for themselves.
The process of appointing a guardian or conservator begins with a petition filed with the probate court in the county where the person needing representation (the “ward”) resides. The court will then hold a hearing to determine whether guardianship or conservatorship is necessary and, if so, who should be appointed.
Once someone has been appointed as a guardian or conservator, they must report periodically to the court on the status of the ward and their finances. They may also be required to provide a bond to the court to ensure that they will fulfill their duties in a proper and responsible manner.
<h2>Guardianship in South Carolina</h2>
If an adult in South Carolina is unable to understand their medical needs and make reasonable medical decisions, the Probate Court can appoint a Guardian to make those decisions on their behalf. 
The Guardian is responsible for making decisions about where the incapacitated individual will live and what kind of care they will receive, including mental and physical health care decisions. In addition, the Guardian must report yearly to the Probate Court about their service as Guardian.
<h2>Conservatorship in South Carolina</h2>
The Probate Court can appoint a Conservator for someone who cannot make their own financial decisions. The Conservator is responsible for managing the finances and property of the incapacitated individual. 
They must also report periodically to the court about the incapacitated person’s assets, receipts, and disbursements. The Court highly monitors the Conservatorship. The Conservator will be required to either obtain a fiduciary bond or create a restricted conservatorship account.
<h2>Filing a Guardianship or Conservatorship Case</h2>
Incapacity means that the person cannot effectively receive, evaluate, and respond to information or make or communicate decisions such that a person, even with appropriate, reasonably available support and assistance, cannot meet the essential requirements for their physical health, safety, or self-care, necessitating the need for a Guardian; or manage their property or financial affairs or provide for their support of for the support of their legal dependents, necessitating the need for a Conservator.
Before filing a Guardianship or Conservatorship case, the applicant should review the requirements and duties of serving in these roles. A Guardianship or Conservatorship case is started by filing a Summons and Petition, along with other required documentation, with the Court. 
The person initiating the case, the petitioner, must also have the A.I.I.’s physician complete an Examiner Report. In addition, the petitioner must provide the Court with a certified South Carolina Law Enforcement Division (SLED) background report of the person seeking to be appointed and a full credit report of the person seeking to be appointed. 
Once all the necessary paperwork has been filed with the Court, the petitioner must serve all of the documentation on the A.I.I. and their closest family members. The court will appoint an attorney and guardian ad litem for the A.I.I. at the petitioner’s expense unless otherwise directed by the court. The attorney will represent the A.I.I.’s position on the guardianship/conservatorship to the court, and the guardian ad litem will represent the A.I.I.’s best interests to the court, which may be different.
<h2>Conclusion</h2>
The South Carolina Probate Code provides for the appointment of a guardian or conservator for a person who is unable to manage their own affairs. A guardian or conservator is responsible for managing the ward’s property or person and making decisions concerning the ward’s welfare per the terms of the court’s order.
Are you on the lookout for <a href="https://estatepreservationlawfirm.com/adult-guardianships-conservatorships/">estate planning attorneys</a>? Trust Estate Preservation Law Firm. Estate planning can involve difficult decisions and uncomfortable discussions, but we are here to make the process as smooth and easy as possible. Our firm provides comprehensive estate planning services to clients of all ages and backgrounds throughout the Rock Hill, SC area. Contact us.
The post <a href="https://estatepreservationlawfirm.com/guardianship-conservatorship-south-carolina-law/">Guardianship and Conservatorship Under South Carolina Law</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></content:encoded>
</item>
<item>
<title>Common Questions to Ask Your Estate Planning Attorney</title>
<link>https://estatepreservationlawfirm.com/questions-estate-planning-attorney/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Tue, 28 Feb 2023 06:19:27 +0000</pubDate>
<category><![CDATA[Estate Planning]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=891</guid>
<description><![CDATA[Estate planning is an essential part of preparing for the future. It is a process that helps you make decisions about how your assets will be managed and distributed upon your death. Aside from that, it involves making legal and financial arrangements to protect your assets, provide for your loved ones, and ensure that your…
The post <a href="https://estatepreservationlawfirm.com/questions-estate-planning-attorney/">Common Questions to Ask Your Estate Planning Attorney</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></description>
<content:encoded><![CDATA[Estate planning is an essential part of preparing for the future. It is a process that helps you make decisions about how your assets will be managed and distributed upon your death. Aside from that, it involves making legal and financial arrangements to protect your assets, provide for your loved ones, and ensure that your wishes are carried out after you pass away.
When it comes to your estate planning, you must seek the advice of an experienced and qualified estate planning attorney. An estate planning attorney can provide invaluable assistance in developing a comprehensive plan that meets your needs, goals, and objectives. However, you must ask your estate planning attorney the right questions to receive the best advice and assistance.
The following are some common questions to ask your estate planning attorney:
<h2>1. How Much of Your Practice Involves Estate Planning?</h2>
Remember, your goal in hiring an estate planning attorney is to ensure that you have the best plan for you and your family. You want to work with an experienced and knowledgeable estate planning attorney. Asking how much of their practice involves estate planning will help you determine if they can provide the level of expertise you require. 
Now, if the attorney you’re talking to mentions that they do “some” estate planning now and then or handle similar cases occasionally, they’re not the right one for you. After all, you need to employ someone who has managed many estate planning cases for more experience.
<h2>2. How Do You Charge for Estate Planning?</h2>
You might not think about it, but your budget is one of the most determining factors in hiring an estate planning attorney. After all, the cost of hiring an attorney can add up quickly. Asking your prospective attorney how they charge for their services will help you decide if they are within your budget.
There are instances when an estate planning attorney may demand a flat fee for their services. This means your total cost will be the same no matter how long the process takes or how many assets you need to plan for. Other attorneys may charge an hourly rate, which can add up quickly if the process takes a long time.
<h2>3. Does Your Practice Include Probate?</h2>
Probate refers to the legal process of administering the estate of a deceased person. This includes identifying and gathering the person’s assets, settling debts and taxes, and distributing the remaining assets to the heirs. Probate can be a complicated and lengthy process, so it’s important to ensure your estate planning attorney has experience with it.
Remember, some attorneys are only limited to the general aspect of estate planning but have yet to learn about probate. If that is the case, you must find an attorney experienced in estate planning and probate. This way, you won’t have to hire two separate attorneys for the same task.
<h2>Final Thoughts</h2>
Estate planning is a crucial part of life, and it is necessary to have an experienced estate planning attorney help you establish a plan that is suitable for your current and future needs. Collaborating with an estate planning attorney can help you understand the legal process, identify the important decisions, and create a plan that works for your unique situation. Overall, asking them these questions helps ensure you get the best advice and services from your estate planning attorney.
The Estate Preservation Law Firm understands that estate planning is complex and intimidating, and we are here to help. Our experienced and knowledgeable <a href="https://estatepreservationlawfirm.com/">estate planning attorneys</a> are ready to help you create a plan that meets your needs. Consult with us today!
The post <a href="https://estatepreservationlawfirm.com/questions-estate-planning-attorney/">Common Questions to Ask Your Estate Planning Attorney</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
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<title>How Can I Help Loved Ones with Estate Planning Services?</title>
<link>https://estatepreservationlawfirm.com/how-can-i-help-loved-ones-with-estate-planning-services/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Thu, 19 Jan 2023 18:42:36 +0000</pubDate>
<category><![CDATA[Estate Planning]]></category>
<category><![CDATA[Longterm Care Plan]]></category>
<category><![CDATA[Power Of Attorney]]></category>
<category><![CDATA[Wills]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=882</guid>
<description><![CDATA[Most people understand the importance of having their affairs in order. Thorough estate planning can help prevent family disputes and take a great deal of grief and confusion off of loved ones’ shoulders. It also ensures people’s final wishes are followed and the assets they leave behind go to their intended beneficiaries. Despite the value…
The post <a href="https://estatepreservationlawfirm.com/how-can-i-help-loved-ones-with-estate-planning-services/">How Can I Help Loved Ones with Estate Planning Services?</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></description>
<content:encoded><![CDATA[Most people understand the importance of having their affairs in order. Thorough estate planning can help prevent family disputes and take a great deal of grief and confusion off of loved ones’ shoulders. It also ensures people’s final wishes are followed and the assets they leave behind go to their intended beneficiaries. 
Despite the value of estate planning, at least 33 percent of Americans avoid this matter. It can be a complicated process, and most people don’t even know where to start. It’s not exactly a pleasant topic, either. Because of that, people often try to put it off as long as possible. 
Unfortunately, many end up waiting until it’s too late. No one knows what might happen in the future, and for many, the end comes sooner than expected. If you’re concerned about a loved one’s final wishes, helping him or her obtain estate planning services can bring a great deal of clarity to the situation. 
<img decoding="async" class="alignnone size-medium wp-image-883" src="https://estatepreservationlawfirm.com/wp-content/uploads/2023/01/JanEstatePreBlogPhoto-300x251.jpg" alt="" width="300" height="251" srcset="https://estatepreservationlawfirm.com/wp-content/uploads/2023/01/JanEstatePreBlogPhoto-300x251.jpg 300w, https://estatepreservationlawfirm.com/wp-content/uploads/2023/01/JanEstatePreBlogPhoto-768x644.jpg 768w, https://estatepreservationlawfirm.com/wp-content/uploads/2023/01/JanEstatePreBlogPhoto.jpg 940w" sizes="(max-width: 300px) 100vw, 300px" />
Delving Deeper into Estate Planning 
Initiating a conversation with a loved one about estate planning is the first step of many. Of course, it can also be the most difficult one. While several details will ultimately come into play, simply asking said loved one whether he or she has a plan for the future may be all it takes to get the process underway.
Knowledge Is Power
One of the first measures to take is to learn about essential documents and details. As your loved one if anyone knows where he or she keeps crucial paperwork, like real estate deeds, vehicle titles, birth certificates, life insurance documents, financial records, and such. Ideally, those items should be kept together in a single location. 
Far too many people pass away or lose their mental faculties without anyone knowing where those documents are or having the answers to other important questions. Assure your loved one that sharing those details with you or another trusted person can make a world of difference. 
If your loved one hasn’t gathered vital documents, obtained life insurance, or handled other relevant points, offer to help. Create a checklist of necessary paperwork to get in order. From there, it’s time to encourage him or her to take further action. 
How Do I Help a Parent Create a Will?
Wills are among the previously mentioned essential documents. They dictate a person’s chosen heirs and which assets each beneficiary receives. Living wills detail people’s wishes for medical treatment and ongoing care if they find themselves unable to make those decisions when the time comes. 
Without a will, the division of a person’s worldly possessions could be up in the air after their death. Even points like whether they’re resuscitated or which nursing home they’re transferred to in the event of an illness, injury, or dementia could become a serious point of contention among family members. 
Templates for wills are available online to help get the process started. Sit down with mom or dad and create a list of all his or her assets. Find out how those items should be distributed among survivors. Keep in mind, though, these are only the first steps. Getting legal counsel involved ensures the will is properly finalized and no important details have been left out of the mix. 
Powers of Attorney
For a living parent who is mentally sound, appointing a conservator or executor is advised. Encourage dad or mom to choose a close family member who can be trusted to make decisions about healthcare and financial matters if he or she becomes unable to handle those details. These responsibilities can be doled out to you or another relative. They can also be divided up among your siblings, adult children, aunts and uncles, or other family members. 
Estate Planning on Behalf of a Mentally Unsound Grandparent
People have the right to appoint trusted loved ones to make important medical decisions on their behalf. They can also name someone to handle their finances and additional matters. This person is known as an agent or attorney-in-fact and has power of attorney for the person in question. A person must have full control of their mental faculties to appoint this person, though. 
If a loved one becomes mentally incapacitated before granting someone power of attorney, the situation becomes a bit more complicated. At that point, you’d need to go to court to obtain adult guardianship or conservatorship. You’d also need to prove that you are capable of handling all the responsibilities involved. 
Other people could certainly contest your right or capability to have power of attorney over your grandparent. This responsibility typically falls to the next of kin. If your grandparent has a surviving spouse, even if the spouse isn’t related to you by blood, conservatorship might naturally go to him or her. Otherwise, it may fall to your parents or an aunt or uncle. You’d be next in line. Bypassing the hierarchy will require help from a legal professional.
Gaining Power of Attorney Over an Aunt or Uncle
As noted, there’s a hierarchy of heirs that’s strictly followed for those who have no will or living will in place. If you’re trying to help an aunt or uncle who’s unable to make decisions on their own behalf, others may be in line ahead of you. A surviving spouse may be the one who automatically becomes conservator or guardian. 
From there, your cousins, who are your aunt or uncle’s biological children, would be next in line. Your parents or other aunts and uncles who are biologically related to the one in question might come next in the hierarchy. Perhaps those relatives are unwilling or unable to take on the responsibilities of being executor or guardian, though. Maybe you feel they don’t have your aunt or uncle’s best interests at heart. 
It’s possible to become your aunt or uncle’s guardian or conservator, but the process is a bit complicated. First, you’d need to petition the court for guardianship. That may entail having an emergency conservator appointed and having your relative’s bank accounts frozen to protect them in the interim. You may also need to prove you’re biologically related and build a case for why you should be granted power of attorney. 
Estate Planning for a Friend Who Has No Heirs
When people have no surviving relatives, or they don’t want to leave their worldly possessions to any of their relatives, they often think estate planning is a waste of time and energy. Few things could be further from the truth. Without a will, their assets could become property of the state. In the latter situation, their estate could be divided among the very relatives they don’t want to become beneficiaries. 
If you have a friend who has no heirs, you could encourage him or her to divide the estate among charitable organizations. The estate could also be willed to his or her church. Your friend could even stipulate that his or her estate be liquidated and the money be allocated to local schools, community centers, or nursing homes. 
These days, it’s becoming more common for people with no heirs to leave their assets to friends and neighbors, so that’s also an option. Talk with your friend about organizations he or she is passionate about and offer help with deciding which ones should receive portions of the estate. Above all else, emphasize the importance of having a plan in place. At the very least, implore your friend to lay out his or her healthcare wishes so they’ll be followed if he or she becomes incapacitated.
Estate Planning Services for All Situations
Estate planning may not be a comfortable topic to discuss with loved ones, but it shouldn’t be ignored. If a loved one has approached you about the subject or you’re concerned about someone’s final wishes, encourage that person to start planning ahead. For a loved one who’s no longer capable of getting his or her affairs in order, you may need to intervene on that person’s behalf. 
Regardless of the circumstances, legal representation is essential. Even a seemingly minor oversight or loophole could cause major problems. Having an attorney involved in the estate planning process can help to prevent such issues. At <a href="https://estatepreservationlawfirm.com/">The Estate Preservation Law Firm,</a> we’re here to help with all aspects of the estate planning process. Feel free to refer your loved one to us or visit us yourself for further assistance.
The post <a href="https://estatepreservationlawfirm.com/how-can-i-help-loved-ones-with-estate-planning-services/">How Can I Help Loved Ones with Estate Planning Services?</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
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<title>What Happens When Rock Hill Residents Don’t Make Wills Before They Pass Away?</title>
<link>https://estatepreservationlawfirm.com/what-happens-when-rock-hill-residents-dont-make-wills-before-they-pass-away/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Thu, 15 Dec 2022 10:33:12 +0000</pubDate>
<category><![CDATA[Estate Planning]]></category>
<category><![CDATA[Longterm Care Plan]]></category>
<category><![CDATA[Power Of Attorney]]></category>
<category><![CDATA[Wills]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=876</guid>
<description><![CDATA[In South Carolina, when a person passes away without a will, they die intestate—which means it’s up to the courts to choose an administrator who will distribute the decedent’s assets in accordance with the state’s intestacy laws, which are designed to align with the average person’s final wishes. In short, if you die without a…
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]]></description>
<content:encoded><![CDATA[In South Carolina, when a person passes away without a will, they die intestate—which means it’s up to the courts to choose an administrator who will distribute the decedent’s assets in accordance with the state’s intestacy laws, which are designed to align with the average person’s final wishes. 
<img decoding="async" class=" wp-image-877" src="https://estatepreservationlawfirm.com/wp-content/uploads/2022/12/DecemberEstateLogPhoto-300x251.jpg" alt="" width="338" height="283" srcset="https://estatepreservationlawfirm.com/wp-content/uploads/2022/12/DecemberEstateLogPhoto-300x251.jpg 300w, https://estatepreservationlawfirm.com/wp-content/uploads/2022/12/DecemberEstateLogPhoto-768x644.jpg 768w, https://estatepreservationlawfirm.com/wp-content/uploads/2022/12/DecemberEstateLogPhoto.jpg 940w" sizes="(max-width: 338px) 100vw, 338px" />
In short, if you die without a will, the state makes one for you. Passing away with no will creates unnecessary difficulties for surviving family members, and in many cases, it creates disputes and results in property and money going to those who would never have received it otherwise.
At <a href="https://estatepreservationlawfirm.com/">The Estate Preservation Law Firm,</a> we advise every adult to create a will that outlines the distribution of assets upon death. A last will ensures the fulfillment of your wishes and can help families avoid many of the hassles and expenses associated with probate court.
Do Spouses Automatically Get Everything in South Carolina?
When a person passes away in Rock Hill, South Carolina’s probate court decides who their heirs and creditors are and how much each entity will receive. While most assume that, if they die without a will, their spouse will get everything, it’s not true in every case.
If you pass away with living children, your spouse will get half of probate estate and your children will get the remaining half of the estate divided equally by the number of children that you have. 
What Will Happen When You Die With No Will in South Carolina?
If there’s no will directing asset distribution, your estate will be divided according to state intestate succession law, with the probate process being administered in the county in which you lived. The court will choose an administrator to inventory everything, pay taxes and debts, handle final arrangements, and distribute remaining assets under the law.
Some assets are distributed according to contract terms instead of probate law. If you have any such assets, or if you have property held jointly with survivorship rights, probate will be less of a concern.
South Carolina’s Intestate Succession Law
If you pass away without a valid Will, any asset that’s subject to probate falls under South Carolina’s intestate succession law, but the following assets are not affected.
<ul>
<li style="font-weight: 400;" aria-level="1">Property held in a living trust</li>
<li style="font-weight: 400;" aria-level="1">Life insurance policies with named beneficiaries</li>
<li style="font-weight: 400;" aria-level="1">Funds in retirement accounts with named beneficiaries</li>
<li style="font-weight: 400;" aria-level="1">Securities in TOD (transfer on death) accounts</li>
<li style="font-weight: 400;" aria-level="1">Vehiclesowned jointly using OR not AND</li>
<li style="font-weight: 400;" aria-level="1">POD or payable on death accounts</li>
</ul>
These assets will automatically go to the chosen beneficiary or surviving owner. However, if you die without a will and there’s no one alive to take ownership of the assets, they may be transferred in accordance with the state’s intestate succession law. 
This law is quite complex, and it is made even more complicated by divorce, remarriage, and other realities of modern life. At The Estate Preservation Law Firm, we’ll guide you through the process of asset distribution.
Selling Off an Inheritance After a Person Dies Without a Will
While assets and real property are divided according to the state’s intestate succession law, things can sometimes get complicated. Often, estate administrators will sell estate property to pay taxes, take care of debts, and fulfill legal requirements—and they have the right to do so when necessary.
Protect Your Family: Make a Will
If you pass away with no will, all the property your family has—from vacation homes to family heirlooms—could be sold off to the highest bidder. Spouses and children may get the opportunity to object to such sales, or to buy properties they could have inherited, but in many cases, they aren’t even consulted. With a will, you can specify what’s to be kept and what should be sold in probate.
Another major problem is that some creditors will start the foreclosure process on land and homes if the decedent did not make mortgage payments for some time prior to their death. A last will outlines which assets can be sold to make up those missed payments. Lienholders and banks only care about their money, not your family—so they would rather foreclose and make up some of their losses than get nothing at all.
In such cases, families and estate administrators may petition South Carolina’s probate court for permission to sell the property on the open market, settle the debt, and gain the benefit of remaining equity.
Saving probated property from foreclosure requires the competent assistance of experienced estate planning lawyers, such as those at The Estate Preservation Law Firm. However, we would much rather help you create an estate plan and prevent these problems. Call now to schedule your consultation with an estate planning lawyer in Rock Hill.
What to Include in Your Last Will and Testament
A last will and testament must include beneficiaries’ names, including family members and charitable institutions. Wills should also name primary and backup executors who will ensure that the document’s terms are carried out. Finally, your will should outline who will care for minor children and other dependents after your death.
When creating a will, be sure to specify who gets what, whether items have real or sentimental value. Many people, when planning their estates, leave money and designate someone to take care of their pets after they’re gone.
These are all important considerations to make when planning your estate and creating a willl. The team at The Estate Preservation Law Firm will help you create a document that follows the law and reflects your wishes. Call today to request a no-obligation consultation.
How Our Estate Planning Team Can Help
The time after a member’s death is a tumultuous and confusing one for many families, even when a person dies with a will—and problems are magnified when people die intestate. Instead of allowing strangers and the legal system to decide how your assets are distributed once you are gone, let us help you put a plan in place. 
At The Estate Preservation Law Firm, our experienced South Carolina inheritance attorneys know just how important a well-crafted will is to families dealing with the untimely death of a loved one. We will help you outline your wishes and ensure that those you care about are provided for well into the future.
Our law firm’s focus is on helping families and individuals develop logical, solid estate plans, no matter how big or how small those estates may be. Since we’ve been in the field, our firm’s attorneys have helped Rock Hill’s families plan for the fair, equitable, and orderly distribution of assets. Our team handles wills & trusts, elder law, and probate matters, and we would like to help you. Use our online form to get more information or call today to book an appointment with us.
With our assistance, it is possible to create a new will or revise an out-of-date document to reflect changes in your family and circumstances. Our estate planning calculator and other useful tools, along with our team, will help you find out which documents you’ll need. Contact <a href="https://estatepreservationlawfirm.com/contact/">our firm today</a> online or call <a href="about:blank">803-973-6632</a> to learn how we help South Carolina’s families protect themselves and their legacies.
The post <a href="https://estatepreservationlawfirm.com/what-happens-when-rock-hill-residents-dont-make-wills-before-they-pass-away/">What Happens When Rock Hill Residents Don’t Make Wills Before They Pass Away?</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
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<title>The Importance of Estate Planning Efforts as a Young Adult</title>
<link>https://estatepreservationlawfirm.com/the-importance-of-estate-planning-efforts-as-a-young-adult/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Mon, 21 Nov 2022 16:11:51 +0000</pubDate>
<category><![CDATA[Estate Planning]]></category>
<category><![CDATA[Longterm Care Plan]]></category>
<category><![CDATA[Power Of Attorney]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=868</guid>
<description><![CDATA[While 18 is the age at which we become legal adults, it’s also the right time to start estate planning. When a person reaches the age of majority, their parents no longer make decisions for them—and basic planning will prevent many future conflicts. Regardless of your assets or financial status, estate planning puts you in…
The post <a href="https://estatepreservationlawfirm.com/the-importance-of-estate-planning-efforts-as-a-young-adult/">The Importance of Estate Planning Efforts as a Young Adult</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
]]></description>
<content:encoded><![CDATA[While 18 is the age at which we become legal adults, it’s also the right time to start estate planning. When a person reaches the age of majority, their parents no longer make decisions for them—and basic planning will prevent many future conflicts. Regardless of your assets or financial status, estate planning puts you in charge of decisions related to property, healthcare, and finances. Here, we’ll list a few reasons young adults need estate plans.
<img loading="lazy" decoding="async" class="size-medium wp-image-869 aligncenter" src="https://estatepreservationlawfirm.com/wp-content/uploads/2022/11/NovemberEstatephoto-300x251.jpg" alt="" width="300" height="251" srcset="https://estatepreservationlawfirm.com/wp-content/uploads/2022/11/NovemberEstatephoto-300x251.jpg 300w, https://estatepreservationlawfirm.com/wp-content/uploads/2022/11/NovemberEstatephoto-768x644.jpg 768w, https://estatepreservationlawfirm.com/wp-content/uploads/2022/11/NovemberEstatephoto.jpg 940w" sizes="(max-width: 300px) 100vw, 300px" />
Preparing for the Unexpected
If you’re in an accident that causes catastrophic or life-ending injuries, you’ll need several estate planning documents. For instance, a healthcare power of attorney ensures that the right person makes vital decisions on your behalf, while a living will outlines your preferences so your family members don’t have to guess whether you’d want to submit to certain life-sustaining procedures. For help with powers of attorney, living wills, and other documents, visit <a href="https://estatepreservationlawfirm.com/will-based-estate-planning/">The Estate Preservation Law</a> Firm at <a href="https://estatepreservationlawfirm.com/">https://estatepreservationlawfirm.com/</a> today.
Managing Your Finances
In the event of a serious illness or accident that renders you unable to make decisions, you may need someone else to handle your finances. When choosing a friend or family member to make those choices, a financial or durable power of attorney will give that person the legal capacity to do so.
Deciding Who Gets What
If you pass away with no estate plan, the courts decide who gets your assets—which can, as we all know, create other problems. Inheritance eligibility is determined by state intestate succession rules, which depend primarily upon a person’s marital status. Children and spouses are given priority, followed by other immediate family members. If you’re single and have no kids, assets will typically go to siblings and parents first; if relatives can’t be found, the state gets everything.
All these hassles and inconveniences can be prevented with estate planning, which ensures the distribution of assets according to your preferences. State intestacy guidelines only apply to biological relatives, so friends and unmarried partners would get nothing in the absence of an estate plan. If you want people other than family members to inherit your assets, an estate plan is essential.
If a married young adult dies without a plan, most will assume that things would go smoothly, but that’s usually not the case. For instance, if you are married with children from previous relationships, the court may give it all to your spouse and leave those children with no inheritance. In other cases, parents and children become estranged, but the state would still give the children everything in the event of the parent’s death.
In yet another situation, young spouses may die at the same time, leaving all their assets to children who aren’t yet old enough to manage them. In such instances, the children would need a professional guardian, who may not manage those assets in the right way. Dying without an estate plan may lead family members into a courtroom fight over your assets, which can happen even when those assets are insignificant.
Let an estate planning lawyer in Rock Hill SC create an ironclad plan that distributes your wealth exactly as you wish, considering family dynamics and other factors, so your untimely passing won’t be any costlier or more painful than necessary.
Minimizing Familial Conflict During Tumultuous Times
If you’re young and don’t have an estate plan—or if you only have a will—you’re forcing your estate into probate. In probate court, estates are settled, and the process is costly and time-consuming even with a will. With no planning, however, probate quickly turns into an expensive nightmare.
Depending on the nature of an estate, probate may take several months or even a few years to conclude. And, like most other court proceedings, probate isn’t cheap. Once court fees, taxes, and debts are paid, there may be little left for your family. With help from an estate planning lawyer for young adults, many of these issues can be avoided.
Aside from these issues, the hardest part of the probate process is the anxiety and frustration it causes families. Along with grief over a young person’s sudden passing, families are left to navigate an overcrowded court system that’s designed for complexity. Moreover, these affairs become part of the public record, which makes things much more complicated for those left behind.
Thankfully, the drama, hassle, and expense of probate court is avoidable with proper estate planning. Using trusts, for instance, ensures that assets are passed directly to families in the event of incapacity or death, without the need for a long and drawn-out probate process. And, if the planning is handled in the right way, it can all be done in privacy and convenience.
Choosing a Guardian for Children Left Behind
Once a young adult has children of their own, they should create a will designating a person to be the children’s guardian in the event of a serious illness or life-ending accident. While the courts will choose a guardian when there’s no will, judges don’t always make decisions that are in line with parents’ preferences. With the right estate planning steps, young parents can choose guardians who will protect their children’s futures.
Making Things Simple During a Trying Time
Outside of legal documentation, family conflicts, and probate court, it’s important for young adults to think of the mess that would be left behind if they did nothing to plan for the unexpected. Look around at all your possessions and assess your debts and assets. Someone would be forced to deal with it all if you couldn’t do it because of serious injury, illness, or death.
Imagine, now, that same person trying to determine what you own, where it’s located, and how to gain access to it. That’s the complicated mess a person leaves behind when they pass away without an estate plan in place. With a plan created by an estate planning lawyer in Rock Hill SC, you’ll cut through the clutter, leave clear instructions, and simplify the estate management process for those left behind.
There’s No Excuse for Poor Estate Planning, Even Among the Young
While many adults, even young ones, have said that the events of the past three years have led them to realize the importance of estate planning, recent studies show that a significant number of people think it’s not that crucial after all. As we’ve shown here, however, lacking an estate plan can be costly, life-altering, and traumatic for young adults and their families, who will be left to deal with the chaos after an untimely passing.
No matter how young and healthy you may be, you just can’t afford to delay estate planning. An estate planning lawyer for young adults will walk you through the process, ensuring that you’ve taken the right steps to secure your loved ones’ future and protect them from unnecessary conflict, stress, and costs. 
While estate planning carries numerous benefits for young adults, one of the biggest advantages is the peace of mind that it provides. When an estate is planned properly, you can rest assured that your loved ones will be cared for regardless of what may happen. <a href="about:blank">Call The Estate Preservation Law Firm</a> today to schedule a consultation with a <a href="https://estatepreservationlawfirm.com/contact/">Rock Hill, SC Estate planning lawyer.</a>
The post <a href="https://estatepreservationlawfirm.com/the-importance-of-estate-planning-efforts-as-a-young-adult/">The Importance of Estate Planning Efforts as a Young Adult</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
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<title>The Impact of Illness on Estate Planning and Probate</title>
<link>https://estatepreservationlawfirm.com/the-impact-of-illness-on-estate-planning-and-probate/</link>
<dc:creator><![CDATA[Estate Preservation Law Frim]]></dc:creator>
<pubDate>Mon, 17 Oct 2022 08:52:09 +0000</pubDate>
<category><![CDATA[Estate Planning]]></category>
<category><![CDATA[Power Of Attorney]]></category>
<guid isPermaLink="false">https://estatepreservationlawfirm.com/?p=860</guid>
<description><![CDATA[Serious illnesses come with legal and financial consequences, particularly ones such as dementia. Anyone who has an illness that will lead to a decline in mental and physical health should update their financial and healthcare arrangements promptly. Having the right documents in place ensures others carry their wishes out as they decline. Why is This…
The post <a href="https://estatepreservationlawfirm.com/the-impact-of-illness-on-estate-planning-and-probate/">The Impact of Illness on Estate Planning and Probate</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
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<content:encoded><![CDATA[<img loading="lazy" decoding="async" class="size-medium wp-image-861 alignleft" src="https://estatepreservationlawfirm.com/wp-content/uploads/2022/10/OctoberEstatePlanningFirmIllness-300x232.jpg" alt="" width="300" height="232" srcset="https://estatepreservationlawfirm.com/wp-content/uploads/2022/10/OctoberEstatePlanningFirmIllness-300x232.jpg 300w, https://estatepreservationlawfirm.com/wp-content/uploads/2022/10/OctoberEstatePlanningFirmIllness-1024x791.jpg 1024w, https://estatepreservationlawfirm.com/wp-content/uploads/2022/10/OctoberEstatePlanningFirmIllness-768x593.jpg 768w, https://estatepreservationlawfirm.com/wp-content/uploads/2022/10/OctoberEstatePlanningFirmIllness-1536x1187.jpg 1536w, https://estatepreservationlawfirm.com/wp-content/uploads/2022/10/OctoberEstatePlanningFirmIllness.jpg 2000w" sizes="(max-width: 300px) 100vw, 300px" />Serious illnesses come with legal and financial consequences, particularly ones such as dementia. Anyone who has an illness that will lead to a decline in mental and physical health should update their financial and healthcare arrangements promptly. Having the right <a href="https://estatepreservationlawfirm.com/">documents</a> in place ensures others carry their wishes out as they decline.
Why is This Important?
Certain diseases interfere with a person’s ability to think clearly. They cannot make decisions or have a say in their legal and financial matters. When doctors catch the disease early, however, they still understand the consequences of the actions they take. It’s best to work with an attorney when preparing documents related to late-stage and end-of-life care. 
The <a href="https://estatepreservationlawfirm.com/">Estate Preservation Law Firm, based in Rock Hill, SC</a> helps the individual understand state laws and ensures they craft all documents to make certain others carry out the wishes of the individual. As these laws vary by state, a person needs guidance. In addition, they must understand how any change in their situation could affect the documents. The documents might need to be updated if a change in their circumstances occurs.
Where to Start?
The first thing to do when preparing these documents is to determine which approach to use. The individual must explain what they wish to happen, as this determines which documents they need. Documents a person might need include ones that outline their healthcare wishes if they cannot make decisions on their own and ones that share their estate plan and financial management if they can’t handle these matters independently. 
Advanced Directives
Advanced directives are documents designed to communicate a person’s wishes when they can no longer share this information for any reason. These documents outline their values and wishes based on what they feel is important. Each person must decide which documents are needed to share this information. 
Advanced directives first appeared in 1967 in America and go beyond providing informed consent. The documents allow an individual to keep more power and autonomy over what happens as they reach the end of their life, even if they cannot voice what they want. However, they must prepare these documents when they are of sound mind to be valid. 
Types of Advanced Healthcare Directives
Advanced directives come in many forms. The following are common advanced healthcare directives a person may wish to have in place. However, others may be appropriate, as well. 
A healthcare power of attorney is a document that states who will speak for an individual when they can no longer speak for themselves. Many people refer to this individual as a healthcare agent or healthcare proxy. The person serving as power of attorney in this situation must know the individual’s wishes and abide by them. They need to fight for what this person wants, even when doing so is hard. 
A physician’s order for life-saving treatment is a plan outlining the patient’s preferences for end-of-life care. This plan shares the preferences of the patient along with the healthcare provider’s judgment based on the medical evaluation of the patient. Both parties must agree upon and sign this document before it will be valid. 
Living wills are documents a patient crafts to share their preferences regarding treatment as they near the end of their life. These documents may provide information about the patient’s religious preferences. Authorities may use this document when a person is permanently unconscious, as well.
If a person doesn’t want cardiopulmonary resuscitation (CPR), they need to have a do-not-resuscitate (DNR) order in place. This document states if their heart stops beating or their breathing stops, medical professionals won’t take measures to bring them back. A doctor needs to sign this order and include it in the patient’s chart. 
Other advanced directives may share the patient’s wishes regarding dialysis, brain donation, organ donation, and more. An attorney becomes of great help in determining which documents the individual needs. These documents must be specific when outlining what the patient wants to ensure there is no confusion. 
In addition, every person should have a document in place that states the caregiver can receive medical information about a patient. Without this document, medical providers cannot speak to the caregiver. Doing so would violate privacy rules. 
Financial and Estate Management Advanced Directives
Besides healthcare advanced directives, people need to have directives in place for their financial and estate management. These documents need to be created while the patient still has the mental capacity to make decisions and understand the consequences of these decisions. What types of financial and estate management advanced directives might a person need? 
Every person should have a durable power of attorney. This document names the individual responsible for making financial decisions when the patient cannot do so. This helps to avoid legal action that may lead to a person losing control of their financial affairs. 
Every person, regardless of what assets they own, needs to have a will. This document contains information on the distribution of their assets and estate after their passing. It also outlines who will take care of their children and pets. 
The document may also include gifts, trusts for estate management, and burial arrangements. Create this document as soon as a medical professional diagnoses the individual with any type of dementia, so they are of sound mind when making these decisions. This reduces the risk of the will being challenged in court. 
Some people choose to establish a living trust to outline their wishes for the management of their money and property while they are alive. They appoint a trustee who will hold any titles to property and money. They can then pay the patient’s bills and make decisions regarding their finances and properties if the patient cannot. 
This document can cover many types of assets and will provide a plan for transferring or selling these assets. This helps to avoid the need for probate and outlines how the court should distribute these assets when the last beneficiary dies. Those named in the trust will no longer benefit, and the assets must be distributed in other ways. 
Experts recommend having one person serve as the healthcare power of attorney and another person act as the financial power of attorney. This reduces the risk of one person abusing their power. However, if a patient wants one person to take on both roles, it is helpful to have outside parties overseeing their actions, such as an accountant who will review financial records. 
How an Illness Impacts Estate Planning and Probate
People need to have discussions about their end-of-life care early. Families should not wait until they receive this diagnosis. People with dementia decline at different rates, and every person should have a say in their treatment as their time here comes to a close. 
However, a person who has a recent diagnosis of dementia may find it difficult to have these discussions. They know they need to, but they are probably anxious, frustrated, and worried about the future. They may even be in denial. 
Families need to recognize this is normal and have patience with the individual. If the family needs help in addressing these topics, they should turn to a geriatric care manager or attorney. Medical professionals can be of help in finding these individuals, as they work with patients in similar situations regularly. 
At times, dementia has already progressed before the person receives a diagnosis. This makes the process more challenging. Fortunately, the competency needed to sign a will is less than the competency needed to sign a document. An attorney can be of help in determining if the person is competent to sign a will under state law. 
Gather all papers related to end-of-life care. Keep them in a secure location and share them with family members. Many people choose to have their attorney keep copies of these documents, so the attorney can access them when needed. 
A person should review these documents regularly, especially when there is a change in their circumstances or when state laws change. Following each review, change these documents as needed. Work with an The Estate Preservation Law firm when doing so to ensure the changes are valid under the law. 
Aging is difficult. A person does not want to become a burden on their loved ones. By planning for end-of-life care early, they can reduce the risk of this happening. Speak with The Estate Preservation Law Firm today by calling 803-973-6632. This <a href="https://estatepreservationlawfirm.com/contact/">estate planning lawyer in Rock Hill, SC offers a free case consultation</a>, so families can have peace of mind knowing they are helping a loved one prepare for the future, regardless of what it holds.
The post <a href="https://estatepreservationlawfirm.com/the-impact-of-illness-on-estate-planning-and-probate/">The Impact of Illness on Estate Planning and Probate</a> appeared first on <a href="https://estatepreservationlawfirm.com">Estate Planning Lawyer Rock Hill SC</a>.
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