Fort Mill Estate Planning Lawyer

Top Rated Estate Planning Attorney in Fort Mill, SC

Having a conversation about what you want after death can often be a difficult subject. Most people don’t give it much thought until the time comes when they are forced to deal with it. However, this is an important conversation if you are concerned about caring for children or loved ones or have specific wishes that you want to be made known, which can reduce the burden on surviving family members after your passing. Planning your estate is the best way to determine what you want done with your property and possessions and how they should be distributed.

Fort Mill Estate Planning Attorney

Many different arrangements can be made, depending on your wishes and goals. Because of this, it’s important to seek the counsel of a Fort Mill estate planning attorney to ensure that your wishes are carried out accurately and appropriately.

Representing Fort Mill, SC, With Quality Estate Planning Counsel

At Mack & Mack Attorneys, we strive to provide our clients with the best possible estate planning services in Fort Mill, SC. We take the time to understand each client’s needs and expectations to create a plan to meet their desires. We offer a broad range of estate planning services, including wills, living trusts, financial powers of attorney, and health care directives. These are very delicate matters, and it’s crucial to get the best counsel possible. Therefore, we will set up a plan that is completely tailored to your specific wishes and reflects your goals in life.

Do I Need an Estate Planning Attorney in Fort Mill? What Do They Do?

Estate planning without a skilled attorney can affect those you care about most. Mack & Mack Attorneys can ensure your assets are distributed in the manner you choose. We have experience protecting the estates of our clients throughout South Carolina.

The right Fort Mill estate planning attorney will advise you of other important decisions regarding your family’s well-being, such as powers of attorney, living wills, and long-term health care decisions. Without an estate plan in place, the court will appoint an administrator for your estate, who will distribute your assets based on state laws. This could mean that the state decides not to follow your wishes and distributes your property to your closest living relatives.

Typical estate planning attorney responsibilities include:

• Reviewing your current documents to see if any improvements or changes are required.
• Recommending the best method of estate planning based on your current situation.
• Drafting your documents (wills, trusts, and powers of attorney).
• Reviewing the legal aspects of your plan to ensure all the documents adhere to current estate laws.
• Preparing and filing your documents with the local courts.

If you decide to represent yourself, you may lack the legal skill set to handle such a large and complicated task, which is why it’s best to seek professional guidance to minimize risk and ensure that your desires are carried out.

What Components Make Up an Estate Plan?

Estate plans are indeed designed to dictate the distribution of assets upon death, but they are also used to address other important matters. For example, several components could be included when creating an estate plan in Fort Mill, SC.

• Wills: A will is the most basic form of estate planning. It states how your assets will be distributed and who will become your estate’s personal representative or executor. It also designates guardians for any minor children you may have. Wills can ensure that your assets are distributed correctly, and they allow the personal representative to carry out your wishes without worrying about conflicts of interest.
• Trusts: A trust is used to retain control over your assets throughout your lifetime and protect them from being wasted or mismanaged. Trusts can be created through a will or can be created by you as a standalone document, the major advantage of which is to avoid probate administration.
• Powers of attorney: A power of attorney is used to ensure that the appropriate parties carry out your wishes if you become incapacitated. This gives someone you trust the power to make business, legal and financial decisions on your behalf.
• Medical directives: These directives detail how you would like to be cared for medically. They can dictate lifesaving measures and organ donation. These are especially important if you lack the mental capacity to make decisions or if there are any questions of competency.

How Can I Find a Quality Estate Planning Lawyer?

It’s vital to hire an estate planning attorney in Fort Mill, SC with a strong reputation, who specializes in wills and trusts. When seeking an attorney, make sure to ask for references and diligently read online reviews before deciding. It’s also essential to make sure that they are licensed to practice law in your state.

When interviewing prospective attorneys, you need to ask specific questions about your situation and their practice. Some great questions to ask are:

• What experience do you have in estate planning?
• How many estate plans have you successfully created and managed already?
• What is the average cost of estate planning?
• Do you offer legal support in conjunction with your will and trust packages?
• How much time will it take to finalize my estate plan?
• How often should I review my estate plan once it’s completed?
• What is the process of modifying my estate plan when a need for change occurs?

Asking these questions will make it easier to determine which law firm can best serve your needs and ensure that you would be comfortable working with them.

FAQs

What is the difference between a last will and testament and a revocable living trust?

A last will and testament directs the distribution of your assets upon your death. However, the probate court oversees the administration of your estate and ensures that the terms of the will are complied with. If you have a revocable living trust, typically your assets are titled in the name of the trust and are not subject to estate administration, which in South Carolina takes between eight months and one year to complete. A revocable living trust allows the family of the decedent to avoid probate that is time-consuming and somewhat costly and comes at a time when the family is dealing with the loss of a loved one.

Why do I need a power of attorney?

A power of attorney enables an agent you appoint to handle your affairs if you become incapacitated or incompetent. A general durable power of attorney typically refers to a financial power of attorney and provides for agents to assist you in handling financial, legal and business matters. This type of power of attorney can become effective upon execution and filing or you can execute a springing power of attorney, which becomes effective only upon certification by two physicians that you are incapacitated. We often recommend a health care power of attorney, a document that appoints an agent to manage health care decisions if you are unable to make those decisions for yourself. The health care power of attorney, in addition to appointing a health care agent, allows you to express your wishes regarding organ donation, life-sustaining treatment and tube feeding. The document also grants your health care agent authority under the Health Insurance Portability and Accountability Act (HIPAA), the privacy law related to health care information.

What happens when someone dies without a last will?

In South Carolina, if you die without a last will and testament, your probate assets pass pursuant to our state statute of descent and distribution. Under what is referred to as our intestacy statute, a spouse would inherit a portion of the estate and the deceased’s child/children would inherit the remaining portion of the estate. In situations where the children are minors, this creates a challenge. Minor children are not able to transfer real property and other assets until they reach 18, which may limit the surviving parent’s ability to manage or sell the assets. This is a major reason why having a last will and testament or revocable living trust is critical.

Connect With the Best Estate Planning Attorneys in Fort Mill, SC

At the offices of Mack & Mack Attorneys, we provide a full range of estate planning services in Fort Mill, SC. Our firm has been tasked with creating wills and trusts for our clients for years and has completed thousands of estate plans. We know the local laws and will work with you to create a plan that is tailored to your exact needs.

Don’t risk your legacy. Get in touch with us today to review and consult your estate plan. Together we can protect your rights and wishes for future generations.