No one likes to think about their own death or incapacity, but in truth, it is something that everyone should consider. Proper planning, well in advance, can help save your loved ones from turmoil and added grief once you are gone. For South Carolina residents in the Rock Hill and Fort Mill areas, as well as the rest of the state, having a lawyer help you draft and formalize a will can be one of the best investments you can make for both you can your family. Standard and living wills determine both your wishes for how your death is to handled and how your belonging are to be distributed upon its happening. It is not uncommon for those who feel they are nearing the end of their life to also make a funeral plan to help maximize the most comfort and lighten the burden to the family.
Understanding the process that takes place upon death.
When you die, there are many legal processes that are initiated by the state. If you have a will in place then it will automatically fall into probate. If there is no will then a personal representative is chosen to oversee the distribution of the estate. In either case, the steps are then the same. All of the deceased’s possessions and assets are collected and appraised. If there are any debts, they are paid first along with the estate and income taxes. After the debt and taxes, the funeral and representative fee is paid. Then the accountant, appraiser, and whomever else was commissioned to help gather and assess. Lastly, the court Probate fees are paid. From whatever remains, the will is then enacted in regards to distribution.
Why it is important to have a lawyer, both before and after.
Having a lawyer in South Carolina to draft and execute the will as needed is vital to ensuring that everything is taken care of as promptly as possible. This is especially true when there are a lot of assets, or when there are things such as land or housing involved. Some people simply opt to follow traditional rules of succession. This is where everything is left to the surviving spouse, if there is none, then the children, if there are no children, then it branches out to siblings and so forth. South Carolina has laws and provisions that can allow surviving spouses and children the option to take a portion of the estate to provide for themselves. This is needed for matters where someone was omitted or if there was a mistake in the will. Both of these errors can be easily corrected by using a good Rock Hill or Fort Mill, SC lawyer. They are skilled and versed in the laws regarding probate and can help ensure that everything is handled smoothly.
