Estate Planning and Probate

Planning for your estate is one of those important issues in life that is often put off in favor of what appear to be more pressing and current issues.  However, when illness or tragedy does strike, clear and concise directives become a true blessing to those left with the responsibility of administering your estate.

In truth, dealing with the death or incapacitation of a loved one is a trying and difficult process in its own right.  The situation, however, can become much more stressful in the absence of a Last Will and Testament to provide clear direction and instructions to deal with the enormity of one’s estate.

PASSING AWAY WITHOUT A LAST WILL AND TESTAMENT

In South Carolina, a person passing away without a “Last Will and Testament” will have their assets distributed according to guidelines set out in our state Code of Laws.  These laws provide for the distribution of assets according to generic rules that often times do not fully accommodate particular familial situations or specialized assets.  Having been designed to create a standard process, they can actually create results that the deceased would never have intended.

BENEFITS OF A LAST WILL AND TESTAMENT

Fortunately, however, you do have the opportunity to decide for yourself how you will be cared for and how your property will be distributed after your passing.  You can write the rules to match your unique circumstances and desires. 

Properly Drafted Last Will and Testament and Ancillary Estate Documents can:

• Ensure your wishes are followed to avoid unintended results
• Help the estate assets be distributed quickly
• Plan for administrative expenses associated with your estate
• Choose the person or persons most capable and able to handle the management of the estate affairs instead of having those positions designated by a court or state law
• Ease the strain on your family
• Head off potential disputes among survivors
• Designate gifts or bequests to your favorite charities, foundations, churches or causes.
• Changing circumstances and family situations can often trigger the need for a redrafting or editing of a previously existing document.

BENEFITS OF DURABLE POWERS OF ATTORNEY, HEALTHCARE POWERS OF ATTORNEY AND LIVING WILLS

When a time of incapacity comes, it is often the day to day management of affairs that can be the most difficult for those left with your care and maintenance.  Absent clear directive set forth in a properly drafted power of attorney, it is often difficult at best for those caring for you to handle your dealings.  Whether it be something as simple as paying household bills or making deposits, or something as complex as authorizing medical treatment in a hospital facility, these documents can eliminate the needs for your family members to seek a court approval or the appointment of a guardian or conservator.

Powers of Attorney and Living Wills can:

• Ensure that your wishes regarding life sustaining treatment and artificial feeding and hydration are followed
• Provide the legal authorization for your designated person to manage your household bills and accounts
• Provide the legal authorization for your designated person to help in your healthcare and medical treatment.
• Provide the legal authorization for your designated person to deal with your banking needs and your state and federal governmental issues (Taxation, Benefits, and Payments).
• Grant only specific powers to designated persons while reserving other powers to yourself alone

Epting & Gillis, LLC, has the attorneys and staff necessary to guide you through the process of drafting your estate planning documents including Wills, Durable Powers of Attorney, Healthcare Powers of Attorney, and Living Wills.  Our attorneys are experienced in drafting and understanding the specialized legal phrasing necessary to take your wishes and transfer them into binding legal documents that better insures the intended results.

From Basic Wills to Specialized Powers of Attorneys, no two situations are identical.  If you are either concerned or unclear about what you need for your situation and what options are available to you, let the attorneys of Epting & Gillis, LLC, help you understand and decide the best course of action to provide you with the peace of mind about the future to allow you to enjoy the present.