Many people in the Fort Mill area of South Carolina think the idea of proper estate planning is a morbid and uncomfortable subject. It is a sentiment shared by many, not just in our area but all over the country as well. Unfortunately, this view of estate planning has caused a lot of grief and stress to families who had a love one pass with no plan in place.
What happens in South Carolina when there is a will.
Upon death, once the decedent, of person who died, has been buried the personal representative or executor, begins the process of following the probate regulations. By South Carolina probate laws the letter of the will is not always able to be carried out. The decedent’s property must be cataloged and debts must be paid off and cleared accordingly before division of assets and property can take place. Once debts are settled the remaining effects and assets are then able to be distributed in accordance to the decedent’s wishes. Probate allows for debts and challengers of the will to be settled in a civil manner.
When there is no will.
Failure to properly plan the fate of your estate once you have passed can be even more difficult for loved ones. With no will in place all assets both singular and joint fall under the jurisdiction of the probate court. After being cataloged and liquidated when needed to settle any debts, the labor of assigning ownership is a critical period in which a lawyer is most definitely needed in South Carolina. If there is no debate among surviving family members the property and assets pass to the spouse if eligible. If there is no spouse then it falls to the children, if there are no children it falls to the grandchildren and so forth. If there were no children from the marriage then the assets branch out to siblings and so forth until a relative is found.
Good estate lawyers in the Fort Mill and Rock Hill area of South Carolina.
For finding a good lawyer in South Carolina that can handle all your estate needs, from planning to mitigation and representation there are some thing to keep in mind. Not all lawyers are well prepared for handling probate and estate situations. There are numerous facets of the legal system, just as there are many branches of medicine. Each area requires a level of specialized training, experience and study to be proficient with matters that fall under them. When searching for someone to help establish your will and plan your estate, it’s important to ask about their experience and verify their credentials before working with them.
The Harden Law firm is a group that specializes in many different areas of law. Among their expert lawyers are those able to handle every step of proper estate planning. They can help you write your will, set up trusts, and make provisions that ensure your wishes are followed as closely and securely as possible once you have passed. Despite it being an uncomfortable subject to think of, once an estate has been properly planned for and established, it can give you and your family a sense of peace regarding the future and knowing a probate struggle will not be there.
