When managing a deceased loved one’s affairs, the term “probate lawyer” often becomes a crucial part of the conversation. But what exactly is a probate lawyer, and when might you need one? A probate lawyer, also known as a probate attorney or estate attorney, is a legal professional who specializes in handling estate matters, including the probate process. Probate is the legal procedure through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries, and payment to creditors. When Do You Need a Probate Lawyer? Knowing when to engage a probate lawyer is e ..read more

In today’s digital age, our lives have become intertwined with technology in more ways than we can imagine. We document memories, manage our finances, and even conduct business online. These digital footprints, often called digital assets, hold immense value, both sentimental and financial. As technology advances, protecting these assets in your estate planning has become crucial. So, what are digital assets in will and estate planning, and how can you safeguard them? Digital assets encompass a wide range of virtual property, including but not limited to: Social media profiles Financial reco ..read more

As the new year unfolds, it’s time to prioritize a task that most people try to avoid: writing a will. In South Carolina, as in many places, estate planning is the best way to protect your family after you’re gone. It’s not just about distributing your assets; it’s about ensuring the future security and peace of mind for your loved ones. The Importance of Writing a Will The new year presents a perfect opportunity to take the leap into writing a will if you’ve been in denial or avoidant about it. The start of a new year is symbolic of new beginnings and resolutions. It’s a time to focus on wha ..read more

You don’t have to be exceptionally wealthy or have a portfolio chock full of assets to incorporate a trust into your estate planning. A trust isn’t a fancy legal situation only for top tier earners. It’s a fiduciary agreement that allows an individual to assign the administration of their estate to a trustee who works on behalf of the family and beneficiaries to ensure the agreement remains intact and followed. In short, it’s your best bet for asset protection and to protect your loved ones. Here are the other benefits of trusts. Avoiding Probate A will details a person’s wishes after their d ..read more

Estate planning might be more emotional and personal than many other legal agreements, but the contracts are just as critical. Here are three things to look for during the contract review stage of any contract, including estate planning. #1: Check the Dates and Deadlines Check and double-check any dates and deadlines listed in the contract. While contracts are sometimes open for revision, estate planning has a unique situation where many, if not all, the elements remain unexecuted until after you or your loved one’s death. So, make sure the dates and deadlines are accurate now. #2: Terms and ..read more

Who is responsible for the debt after death? Many people fear they will be responsible for a loved one’s debts, but we’re here to clear up the confusion. Here’s what happens to a decedent’s debt and what you need to do. Do Debts Die When a Person Does? Debt does not go away when a person dies. Their debt needs paying, but relatives and loved ones are not responsible for that debt. The debt must come out of the deceased’s estate. The only time someone other than the deceased is responsible for the debt is if they have co-signed on a loan or other obligation, if the law requires the spouse to p ..read more

Contrary to what many divorced or separated parents believe, a change to a custody agreement is possible. Lives and circumstances change, and sometimes an agreement that made sense in the past no longer serves the parents or children. Informal custody changes are not considered an order of the court so a parent may have trouble with schools, doctors, or others recognizing the changed custody or authority of the custodial parent. To ensure you protect your rights, and those of your children, you must follow the legal process to make a change. How to Change a Custody Agreement The first step to ..read more

All children deserve the thought and foresight that goes into estate planning, but estate planning for a special needs child takes on a special kind of significance. Whether you have a child with a physical, medical, or intellectual disability, planning for their future is a priority. Pay attention to these three tips for estate planning when your beneficiaries have special needs. Tip #1: Understand the Impact of Money and Assets Many individuals with special needs take advantage of government programs that aid in their support and care, including medical care. Leaving an inheritance, assets ..read more

Everyone hopes to live well into old age, but no one wants to think about when it’s time for assisted living. If your parents are older, there’s no time like the present to start the conversation about long-term care with them. Planning is critical and having their input before they need care can make all the difference for them and you. Here’s how to talk to them about long-term care planning. Starting the Conversation Even if it’s tough, the conversation about long-term care, assisted living, and nursing homes is necessary. Starting the conversation is the hardest part. It’s essential to be ..read more

Do you know the difference between an estate plan vs. a will? Most people default to thinking that a will is the only document needed for planning what happens after your death. However, if you ask a reliable source, they’ll tell you that it’s beneficial to have a will and an estate plan. What is a Will? A will is a legal document that clearly defines how you want your assets and belongings divided that’s used by the courts and your heirs after your death. It can also detail guardianship for your children and will name an executor responsible for ensuring administration of the will. One of th ..read more