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Estate Planning

10 Steps to a Knockout Estate Plan

September 16, 2019/in Estate Planning, Resources

Nobody likes thinking about what will happen after they’re gone. Estate planning is essential, though, especially if you want to make sure your loved ones are adequately cared for after you’ve passed away.

Even though most people agree that estate planning is important, only about 40 percent of adults in the U.S. have some kind of will or living trust in place.

Are you part of this group? If not, what’s holding you back?

If you have no idea where to begin, why not start with some estate planning basics.

Read on to learn 10 estate planning tips that will help you create the perfect estate plan for yourself and your loved ones.

1. Start with a Will

If you haven’t done any kind of estate planning yet, a will is a great place to start.

As soon as you can, make arrangements to sit down with an estate planning attorney and work with them to put together a last will and testament.

If you die without a will, the state will distribute your assets according to their inheritance laws. This is known as dying intestate.

If you want to avoid this and have control over the distribution of your assets (as most people do), you need to write out exactly how you want your beneficiaries to receive them.

2. Provide for Minor Children

The next step is to ensure you provide for your minor children. Use your will to appoint a guardian for them if you and their other parent both pass away.

Remember that your minor children will also need someone appointed who can handle their inherited property or assets.

Appoint someone you trust to handle all their financial affairs and make sure their money is taken care of. It could be the same person appointed as their guardian or someone else entirely.

3. Create a Living Will

A living will is a document that provides information about the care you want to receive in the event that you become incapacitated and cannot communicate.

This document (sometimes referred to as an advanced directive) includes instructions on whether you want doctors to use life-sustaining measures like breathing tubes and feeding tubes.

4. Create a Power of Attorney

A power of attorney (POA) gives someone the authority to make decisions for you if you’re unable.

Some people give a power of attorney for their health care and another to handle their financial matters. Others use the same person to handle everything.

5. Consider a Living Trust

If you want your assets to avoid going through probate, a living trust might be a good option to consider.

Through a living trust, your assets go into a trust during your lifetime. At the time of your death, these assets are transferred to beneficiaries that you designate by a representative you choose, known as a successor trustee.

A living trust can help your loved ones save time and money and receive what’s been left for them sooner.

6. Purchase Life Insurance

If you don’t already have life insurance, now is a good time to purchase it. This is especially important if you have minor children and/or own your home.

Life insurance can also be helpful if you anticipate having to pay a lot of debt or estate taxes. It will ensure that your beneficiaries can still receive what’s theirs without having to use a portion of their inheritance to pay off any debts you leave behind.

7. Name a Beneficiary on Your Bank Accounts

When you’re making plans for the future, it’s a good idea to name a beneficiary on your bank and retirement accounts.

If you do this, your bank can transfer those funds to the beneficiary automatically after your death. They won’t have to go through probate, which helps to save your beneficiaries time and money.

8. Handle Estate Tax Obligations

The majority of estates will not owe any kind of federal estate tax. If your estate is worth more than $11,180,000, though, it will be subject to these taxes.

Make sure your bases are covered if your estate is worth an amount close to this number (or if you suspect it will be at the time of your death).

Learn about any state taxes that you might have to pay as well (these can differ from the federal regulations.

9. Gather Paperwork and Other Important Information

Make sure you have all the paperwork associated with your estate stored in one place. Keep it in a folder or binder, then store then binder in a locked safe or another safe place.

Let the executor of your estate, as well as your power of attorney, know where they can find these documents.

Remember to store your digital information in this folder or binder as well. Write down passwords to all your online accounts so that your descendants can access them and handle them according to your instructions.

10. Leave a Personal Letter

You may also want to write a more personal letter to your loved ones before you go. Often, people want to leave behind messages that don’t necessarily belong in a will or other legal document.

Leave behind a letter that details the type of funeral arrangements you’d like or to list sentimental items that you want to leave to certain family members or loved ones.

Give this letter to someone you trust, such as a relative, a friend, or your attorney, so they can pass it along to your loved ones when the time comes.

Move Beyond Estate Planning Basics

These 10 estate planning tips ought to be sufficient when it comes to setting up an estate plan that works for you and your loved ones.

What if you need to move beyond estate planning basics, though?

If you need additional help setting up your estate or handling other matters related to your will, we can help.

We’ll get back to you within one business day so you can start planning for the future as soon as possible.

What is a Living Will and Why is it Important to Have One?

May 15, 2019/in Estate Planning, Resources

63% of American adults do not have a complete living will directive for their end of life care.

Unfortunately, the circumstances that make a living will necessary are not only confined to the older generation. This makes it important for every adult, to think about, and prepare one.

So then, what is a living will? When is it used and why is it important? Read on to find out.

What is a Living Will?

A living will is also referred to as an advance directive or a healthcare directive.
This document stipulates the kind of healthcare you would want or would not wish to receive, in the event that you are unable to communicate your wishes.

This can be as a result of a terminal illness or the aftermath of severe injuries that render you unconscious, comatose or otherwise unable to represent yourself.

Under these circumstances, hospitals consult your living testament to determine several things.

Some of these decisions include if you would want to be placed on life-sustaining treatment such as tube feeding and breathing support.

In the absence of an advance directive, doctors then consult your kin and other third parties to make medical decisions on your behalf.

These individuals may not follow the instructions you gave them verbatim. If you had not addressed the issues clearly, they might be unaware of what you would want.

Why Is a Living Will Important?

A living testament ensures that your healthcare is handled as you would wish. If for example, you would not want to be placed on life support, your living will would ensure that this does not happen.

In the event that you are terminally ill or severely injured, some decisions, though best for you might be extremely difficult for your family to make.

However, outlining these decisions makes it much easier for your family to comply, and takes the burden off their shoulders.

When Does It Come into Play?

A living will is only referred to if you are unconscious, terminally ill or suffer a severe injury which compromises your ability to articulate yourself.

Doctors do not consult it for a standard level of care that is not life-threatening.
Each state provides for the drafting of an advance directive.

Some allow you to prepare a customized, detailed will, while others give you a standard form to fill in.

Contents of Living Will

An advance directive addresses the most common medical procedures present in life-threatening situations. These include dialysis, resuscitation via electric shock and ventilation.

You can choose to forego all of these procedures or allow some and decline others. You can also refuse some life-sustaining procedures, but outline your desire to receive pain medication throughout your final days or hours.

Another thing you can include here is whether you would like to become a tissue and organ donor after death.

Most states allow people to extend their living will to address a situation where there is no brain activity.

The same applies in situations where doctors expect you to remain in a vegetative state for the rest of your life, with or without a preceding terminal illness.

Living Will vs Healthcare Proxy

While a living will covers medical decisions, a healthcare proxy is someone you give your healthcare power of attorney. A healthcare proxy has the authority to consult with doctors on issues regarding other arising medical issues.

This person can be the go-between between the doctors, family and yourself.
For this reason, the person you choose as a proxy should have a thorough understanding of what your wishes are.

Aside from this, they should be comfortable enough with your instructions to have them implemented to the letter.

Limits of a Living Will

One of the limits of a living will is that you cannot nominate a different individual to make medical decisions on your behalf.

Secondly, it cannot block doctors from providing basic healthcare as well as basic provisions of food and water.

Your medical plan will also strictly adhere to what has been outlined in the document. Anything that is not addressed will be left to your doctor to act in your best interest.

Similarly, if any clauses in your document are open to interpretation, its enforceability can be affected. This is the main reason why you need to prepare your living testament with the help of an attorney.

It is imperative to include as many details as possible, in the clearest manner possible.

Things to Address in Your Living Will

In determining your directives, think about your values and the circumstances under which your life would not be worth living anymore.

Would you want your life extended under all circumstances? Or would you want your life extended only if there was a cure? And in either case, for how long?

Your living will should address such issues in detail. Here are some of the main concerns to discuss with your doctor and to address in your living will.

• Cardiovascular resuscitation (CPR)
• Tube feeding
• Dialysis
• Mechanical ventilation
• Antibiotics or antiretroviral medication
• Organ and tissue donation
• Palliative care
• Donating your body for scientific studies

The Do Not Resuscitate or DNR order is the most common instruction when it comes to healthcare. You do not have to have this in your living will, although you can.

However, notify your doctor of this wish so they can include it in your medical records. Do this with your attending doctors each time you visit a hospital as well.

Ultimately

Hopefully, the question of, “What is a living will?” has been well answered. in this article.

When you are satisfied that your living will is representative of what you want, have a copy with your doctor and discuss it with your kin.

Again, have the original copies in a safe but accessible place as well. It will be of no good if your will cannot be located for implementation.

You may also have a wallet-sized card with you at all times stating where your advance health directives can be found, as well your primary doctor.

At De Bruin Law firm, we help people think through the process and draft clear, enforceable healthcare directives. Would you like to get started on yours? Contact us today for more information on how we can assist you.

Do I Need a Will? Who Needs a Will and When

January 29, 2019/in Estate Planning, Resources

A recent survey revealed that 78% of millennials (ages 18-36,) and 64% of Gen X-ers (ages 37-52,) do not have a will.

By contrast, 81% of those ages 72 or older, and 58% of baby boomers (ages 53-71,) do have a document in place to ensure proper distribution of funds in the event that they pass.

In your 20s and 30s, creating a will may seem like a morbid subject that isn’t worth visiting yet. Some young people don’t believe they have enough assets to make writing a will worth it. Many live with their parents and still have student loans.

You may have asked yourself, “Do I need a will if I haven’t even reached my 40s yet?” The answer is likely “yes,” for a few important reasons. Let’s review.

Importance of an Executor

When someone dies intestate, or without a will, the estate goes into probate, with a judge deciding who should be the rightful heirs to your assets.

If you are young and single but have a positive net worth, you will want to have a document in place to manage the distribution of your assets. If you don’t own anything, however, a will is not necessary.

You may have named a beneficiary for your life insurance, retirement accounts, or property, which will ensure that they will inherit these assets or continue to benefit from them even if you are not here.

For physical assets, however, like a house, car, or electronics, you will need a will. The document will designate which individuals or organizations will own your property.

You will also want to consider your investments, 401k, life insurance, and ownership in businesses, all of which will need to be allocated.

Your executor should be someone you trust to see that your orders are carried out according to your wishes. Consider spouses, close family members, or clergymen when choosing an honest, responsible executor for your assets.

If you are an unmarried couple living together, do not assume that your will is going to be bequeathed to your partner once you are gone. It is important to put this information in writing to save your loved ones time and frustration.

Many folks choose to put a “no contest” clause in their will. This provision ensures that anyone who argues about their inheritance will not receive anything. It is a simple way to ensure that your assets are not creating a constant battle after you have gone.

If You Have Children

A will can allow you to establish a guardian for any minor children if you cannot care for them. It can also establish a custodian for any elderly or disabled family members who are unable to make financial decisions.

A will can also dictate a means for distributing property among your minor children. If you don’t put a plan in writing, they will receive their inheritance in one lump sum when they turn 18. A will allows you to set up payments at regular intervals to help adult children manage their finances more responsibly while they are young.

If you make your elderly parents the primary beneficiaries of your will, they may become ineligible for government assistance. You will want to put a key provision in that establishes monthly payments for their inheritance, rather than a lump sum.

A trust for your pet can also be established. You can choose someone to take care of them and allocate funds to meet their daily needs.

A Living Will

While a standard will provides for proper distribution of assets in the event of your death, a living will makes provisions in the event that you are alive but unable to make decisions yourself.

A Living Will allows you to establish someone as your Power of Attorney to make decisions about your medical treatment if you are terminally ill or in an ongoing vegetative state. It gives them the power to stop, give, or withhold medical treatments or procedures, including life-sustaining ones, if you put your wishes in writing beforehand.

You can select a friend or family member to act as your power of attorney by completing a fill-in-the-blank form, which many states provide for free. It will need to be signed in front of a notary for a small fee.

Preparing Your Will

Before preparing your will, you will need to collect paperwork confirming your assets, including real estate, 401K, life insurance, and vehicles. You will also want to keep a list of your debts, including mortgages, car loans, business loans, and credit card accounts.

Before you begin planning, develop a list of the names, addresses, and birthdates of your beneficiaries.

Some software, such as Quicken Willmaker Plus, can be purchased for around $50. It can help you to create a Standard Will, Living Will, Bypass Trust, or Financial Power of Attorney.

At a minimum, you should appoint a guardian for your children, designate an executor, and establish how you want your property distributed.

If you are uncomfortable with legal documents or have a complicated estate, you will want to enlist the help of an estate planning attorney. They may work alongside a CPA to develop maximum protection for your assets.

Do I Need a Will?

You may feel you are too young to ask the question “Do I need a will?” However, if you have any dependents, property, or money in savings, it is important to have the peace of mind that it will be managed appropriately.

For more information, contact us today.

What Is a Guardian vs Power of Attorney? Your End of Life Titles Guide

January 18, 2019/in Estate Planning, Resources

We’ve all heard how important it is to have an estate plan and a will. But what about before that? How do you know your affairs will be taken care of when your mind starts to fade?

This is where a guardianship or power of attorney comes in. But what is a guardian and how is it different from a power of attorney? How do these two things help you and how do you know which one you need?

An easy way to know the difference between a guardianship and a power of attorney is this: A power of attorney is made by a person of sound mind so that a guardianship will not become necessary later on.

Now there is a bit more to these two legal documents, so we are going to go more in depth.

What Is a Guardian?

A guardian is someone appointed by the court to make decisions for someone who has been deemed incapacitated. This means that the person is mentally or physically impaired to the point where they can no longer make responsible decisions for themselves.

Limited Guardianship

The court can limit the guardian’s power to only be related to the incapacitated person’s specific needs. Not everyone needs what is called a full guardianship where the guardian has full control.

For example, the guardian may be responsible for making decisions when it related to medical care, or education, or housing. Limiting the guardian’s power allows the incapacitated person to keep some of their independence.

Conservatorship

This is similar to a guardian, but a conservator manages the incapacitated person’s estate and affairs. The court will appoint this person like they would a guardian.

Unlike a guardian though, a conservator will need to report to the court in greater detail.

What Is a Power of Attorney?

If you need someone to manage your affairs because you are not mentally or physically able to then you need to create a power of attorney. Most people will include this document as a part of their estate planning.

There are a few different types of power of attorney that you can create. The one you choose will depend on your particular need and situation.

Typical Powers Awarded

You need to create your power of attorney document when you are of sound mind. You cannot wait until you are no longer of sound mind as you cannot create contracts or enforceable legal documents while you are incapacitated or physically not available to sign it.

A power of attorney is typically used to buy or sell real estate, manage financial matters, enter into contracts, buy life insurance, or manage stocks.

Optional Powers

If there is a specific purpose you wish to use the power of attorney for, you can create that power too. Some of the optional powers include giving the ability to make gifts, manage a business, hire professionals, or manage living trusts.

Durable POA

If you want to give someone the power to act after you have become incapacitated you need to make it a durable or enduring power of attorney. Otherwise, your agent can only do what you are capable of doing.

So if you are in a coma you can’t sign a contract. Neither can your power of attorney.

You can make any type of power of attorney that we are going to discuss durable. You just need to be careful because you are giving someone else the power to act on your behalf whether you are incapacitated or not.

This means they could act on your behalf without your knowledge. You can help prevent this by adding a clause that says the power of attorney won’t come into effect until your doctor declares you incapacitated.

Non-Durable POA

If you need a power of attorney for a specific project or for a specific period of time, you need a non-durable power of attorney. As soon as the task or time period ends, so does the power of attorney

Limited or Special POA

If you want your agent to carry out a specific task because you are unable, a limited power of attorney will help. You can create the power for a specific purpose such as collecting a debt, selling a property, or borrowing money.

Springing POA

If you sign a basic power of attorney, it will become effective the moment you sign it. This may not comply with your intentions though.

Instead, a springing power of attorney will only become effective after the occurrence of a specified event. You could make the trigger a specific date, or age, or when your doctor deems you incapacitated.

Medical POA

This is a very specific power of attorney that lets someone make medical care decisions for you. If you are planning on undergoing major surgery this is a vital document you need to create.

Keep in mind that you will need to let your power of attorney know your wishes. That way they can make the decisions that you want should you become incapacitated.

Most states won’t let you give this power to a medical provider or the facility’s employees.

Financial POA

If you want a particular person to manage your financial affairs, this is the power of attorney for you. In the event that you cannot manage your own affairs, your agent will step in.

Most people choose a trusted family member or their accountant.

Seek Legal Advice

If you want to have a say in how your affairs are managed, you need to create a power of attorney while you are present and of sound mind. Choose someone that you trust.

A guardianship is your solution if someone you love is already incapacitated and needs assistance in managing some or all of their affairs. If they didn’t create a power of attorney you can ask the court to step in and assign a guardian.

Now that we have gone over their differences and the different types you should no longer be wondering what is a guardian and power of attorney. Now all you need is to find a qualified legal professional to help you create your legal documents.

Reach out to our firm today for assistance in deciding if a guardianship or power of attorney is right for your situation.

4 Important Questions to Ask Before Making a Living Will

November 16, 2018/in Estate Planning, Resources

End of life care is very controversial, regardless of the fact that many people prefer to have the power to end their life however they choose. These are difficult and emotional conversations to have with the people you love, so it’s important to hash things out before they get difficult.

Making a living will is hard but necessary to do when you’re living with a potential illness or simply reaching an advanced age.

Here are four common questions that people have about living wills.

1. What Is an Advanced Healthcare Directive?

When you put together an advanced healthcare directive, you’re composing an outline and a contingency plan for what to do if your health fails. A living will describes what medical and treatment choices should be considered if you become very ill.

When you are too sick to make your own choices about your healthcare, it’s up to the executor of your estate, your spouse, or your next of kin to make choices. If you’ve put together a living will, you’re arming them with a document about what choices you would make. Rather than having to leave them guessing, you can guide them.

If you have ethical or personal preferences for end of life care, you can make that known now. If you’d prefer someone other than your spouse or partner make those decisions, you can appoint them. One of the reasons for a living will is the awareness that your loved ones might not be able to make those decisions.

For anyone who prefers not to be kept alive with an artificial breathing apparatus, that can be decided on a living will. A living will is important for determining who will be appointed with power of attorney in the event of illness.

2. When Does It Go Into Place?

If you appoint power of attorney to someone, you give them the ability to make your choices regarding healthcare. These documents will be written in language that physicians can understand clearly. They’ll outline which treatments you prefer and which you don’t.

If you’re incapacitated in such a way that you can’t consent to what you want or what treatment you prefer, you’ll need a document like this to communicate.

There are legal standards to determine when you’ll be considered able to communicate on your own. If you’re terminally ill or unconscious, doctors will use medical standards to determine your ability to consent. If you’re in a permanent coma, your living will can guide treatment.

Talk to the person who has your power of attorney and be sure they that understand what you’re requesting. Don’t leave anything up to question by being as clear as possible.

3. What If A Living Will Isn’t Created?

In the absence of a living will, every state has a plan in place. The person who will be appointed to make decisions for you will be described clearly by law.

For minors and children, the person with power of attorney is most likely going to be the parent or guardian. For married people, their spouse will be considered the “next of kin” by law.

When families are fractured or when members disagree about what should be done in response to medical care, this can cause problems. If you find that your family doesn’t agree with your decision to terminate life support under certain conditions, you need to appoint a third-party.

This can be a friend, an attorney, or a professional colleague depending on your relationship to them. You might prefer to choose someone who is able to make unemotional decisions based on a legal document. This is much easier for someone you have no familial relation to than someone you do.

Some people avoid a living will because of a misconception that it means no treatment will you’ll get. It means the exact opposite. With a living will, you’ll get all of the treatment that you require under the conditions of comfort and care that you hope for.

4. Can I Change My Mind?

Of course: you can change the person who is given the power of attorney whenever you’d like. So long as you’re clearly able to make decisions, you can change this person at any point.

As you get older or closer to the more dramatic symptoms of an illness, the ability of loved ones to make decisions will change. They might raise their doubts to you or bring up the fact that they could never “pull the plug”.

This is hard to hear if you’ve put your faith into them, but you should take them seriously. The people around you may need to have their name taken off these documents, as hard as that might be to take.

You’ll have to start by destroying old documents affording power of attorney to friends or family. You’ll then have to draw up new documents that get distributed to the new people with power of attorney.

New forms will then need to be quickly sent to relevant parties. Your healthcare provider, friends, family, and hospital will need the updated forms. This way you’ll be able to have changes made in time.

Your hospital or healthcare provider will be able to give you these documents. It’s smart to fill out these forms in advance. If you already have an attorney, they’ll be able to provide you with these forms in advance.

Making a Living Will Is a Struggle

Making a living will be the hardest part of your end of life care. Once it’s made, you can relax knowing that your care is administered the way that you demand it. Your living will is a way to reassure you that you’ll get everything you demand when it comes to getting the comfort you deserve.

If you need help putting together your living will, contact us for more tips.

5 Powerful Estate Planning Forms You Need Today

November 7, 2018/in Estate Planning, Resources

Thinking about death may be the last thing you want to do.

But maybe it’s the first thing you should do, going forward.

Research shows that over half of people in the United States do not have comprehensive estate plans in place. But that doesn’t mean you have to be a part of this statistic.

Estate planning forms protect you, your family, and all of your assets in the event of your death. And no matter how young you are, let’s face it — death can strike at any moment.

Here’s a rundown on five estate planning forms you shouldn’t go another day without.

Let’s get started!

1. Important Estate Planning Forms Include the Will

Last wills and testaments are legally binding documents that outline who will get certain assets of yours when you die.

Your will is one of the most essential parts of any estate plan. If you don’t have a will in place at the time of your passing, then your state will end up determining how your assets will be distributed.

In other words, the state gets the last say in what happens to the assets you’ve worked so hard to accumulate over the course of your life — not you.

This is a problem because you may, for instance, have certain individuals you’d like to exclude from the distribution of your assets. Or maybe you’d like to be extremely specific about which individuals should receive what.

In your will, it’s also critical that you appoint somebody to be your estate’s executor or your legal representative. This person will help with carrying out your wishes listed in your will.

Furthermore, if your children are minors, a will allows you to name a guardian for them when you pass away.

Keep in mind, though, that wills cover only probate property — property that must go through the court probate process. Other types of property — those with named beneficiaries — do not go through probates, such as life insurance, your 401(k) and your Individual Retirement Account.

2. Living Trust

Living trusts are also beneficial components of estate plans because a trust can help you with managing your estate not just after your death but also before it.

In addition, a trust can help your estate to avoid the probate process, which can be lengthy and costly.

With a trust, you’ll appoint somebody to serve as your trustee, who’ll manage the items you have in your trust. You’ll also name beneficiaries to receive the assets in your trust once you pass.

Setting up a trust can save your beneficiaries a great deal of money and time when you pass away. Some trusts also offer the advantage of coming with tax advantages for you and your beneficiaries. In addition, you can use a trust to protect your property from creditors so that you can qualify for Medicaid.

3. Financial Power of Attorney

Your financial power of attorney allows you to appoint somebody to handle your financial affairs in the event you become incapable of handling them yourself.

This is critical because if no power of attorney is set up, you’ll have no one to represent you. In this situation, a court could appoint a guardian or conservator to tackle your financial matters.

However, this court-appointed individual would constantly have to check with the court before making a move — an inconvenience that a power of attorney wouldn’t have to worry about. In addition, the person whom the court appoints may not necessarily be the type of person you’d like handling your affairs.

4. Advanced Health Care Directive

This document would be extremely important if you were ever to become incapable of making your own health care-related decisions.

An advanced health care directive establishes for you a living will, which documents which healthcare treatments you wish to receive or avoid when you near the end of your life.

For instance, let’s say you do not want to be resuscitated in certain circumstances. You can spell this out in your directive to make sure that your wishes are upheld.

5. Health Care Power of Attorney

This document allows you to designate somebody to serve as your representative if you cannot communicate decisions regarding your medical care.

Because this person essentially has your life in his or her hands, it’s paramount that you choose someone whom you trust to make decisions that are in your best interest.

Health care powers of attorney go farther than living wills in that they help people who are temporarily unconscious, for example. Meanwhile, living wills apply only to those who are permanently unconscious, terminally ill, or experiencing other types of end-stage conditions.

However, you could combine both of these types of documents into a single document.

Your health care power of attorney may be relatively broad or could explicitly limit the kinds of decisions that your chosen health care agent can make. It’s totally up to you.

How We Can Help

We are a leading law firm with extensive experience in helping clients to complete essential estate planning forms.

Many asset owners may be tempted to use do-it-yourself estate planning forms they find online. The problem with this is that you may fill out your forms incorrectly. On top of this, you may not effectuate your estate plan.

For instance, if you set up a trust, it’s not enough to simply draft a trust agreement. You also have to transfer your estate’s assets into your trust for it to work for you.

Because we understand the ins and outs of the estate planning process, you can rest assured that every “T” will be crossed and every “I” will be dotted with every document we create for you.

Get in touch with us to find out more about how we can help you to protect your property and loved ones’ best interests long term through well-thought-out estate planning.

Writing a Will? 10 Reasons You Need an Estate Attorney to Draft Your Estate Plan

September 10, 2018/in Estate Planning

Although there are many things you can DIY, a will is not one of them. Creating a will or estate plan is a complicated process. And even though you don’t have to hire a lawyer to create one, you’ll be glad if you do.

An estate attorney can help you navigate through the process and help you achieve your goals, so you can make sure your family is protected.

Here are 10 reasons why is a good idea to hire a lawyer.

1. They Know the Laws

Lawyers know the laws which why you need a lawyer when thinking about writing a will or estate planning.

Although it might seem like it’s easy to write down your wishes on your will or estate, there are very specific laws to what should be included in a will.

The last thing you want is for your family to have trouble with the will because a provision was missed.

Getting everything properly regulated on the will can save your family many problems in the long run.

2. It Gives You Control Over Your Properties

Some people might think a will is for rich individuals who own a lot of property, but this couldn’t be further from the truth.

Even if you only own one car or a house, you should protect it. If you don’t have an estate plan or a will, then you might leave your family fighting over what is yours.

What is worse, everything that once belonged to you will be in control of the state, who will determine who gets what.

Having a plan and a lawyer to help you with this is extremely important.

3. They Understand Complex Financial Issues

Having an estate plan or a will is not just about determining who gets your expensive jewelry, it’s also about determining many other financial responsibilities.

For example, who will pay your debts? Do you have a 401K or IRA account? Do you pay spousal support?

Those questions are one of the reasons why you need a lawyer when thinking about planning your will. They’re used to dealing with complex financial situations and can help you find a solution to those problems.

4. It Helps You Plan for The Unexpected

Although we all like to think we’ll make it to old age, life has other plans for us sometimes.

You never know when a tragedy might happen, so it’s important to get a lawyer who will help you think about the many possibilities.

A lawyer will help guide you through possible scenarios you never even thought about.

So you will be able to go day by day knowing you’re protected in case of the unexpected.

5. Avoid Paying Probate Costs

If you pass away without leaving a will, your estate is ceased by the state and has to go through the probate process.

This means, not only will your family has to deal with their grief, they will also have to spend some time in court.

If you get a lawyer to help you with your estate planning, you will be helping your family avoid probate court. Hiring lawyers and paying court fees will be financially taxing for them.

Consulting a lawyer to write your estate plan will give it more validity in front of a judge and save everyone time and money.

6. It Will Protect You In Case of an Incapacity

You have probably thought about who will get what in case of your death. But have you thought about who will make the decisions in case you’re incapacitated?

In the event of an accident or an illness that could lose your ability to make to make decisions for yourself, who would you designate?

A lawyer can present you with possible scenarios and you can figure out who you would give a power of attorney. If you wish to withdraw care in case you become paralyzed or need life support, you can talk about your wishes with your lawyer.

7. Your Family Will Be Protected

There’s nothing more scary to a spouse than thinking about their partner not being there for them.

When you create a will with your spouse and consult a lawyer, everyone will have peace of mind.

What if you’re the sole caregiver of your elderly parents? Thinking about you not being there for them is also a scary situation.

Fearing for the financial safety of your family is one of the reasons why you need a lawyer.

8. Your Family Is Growing

If you have started a family, you want to do everything in your power to make sure they’re protected.

The best way to do so if by leaving a plan behind in case anything happens to you. In case you’re no longer there for them, the last thing you want is for them to be and feel unprotected.

A lawyer can help you figure out who would get custody of your children and how to financially protect them in case of the unexpected.

9. What is The Size of the Estate?

Every estate is unique, and a one size fits all estate plan won’t do it justice. Lawyers have experience dealing with all kinds of estates and can offer you the best solutions to your problems.

Depending on the state where you live, you will have different taxes and expectations in the event you pass away. A lawyer can help you determine the best solution for your estate.

10. Someone to Help You Plan No Matter the Stage

Depending on your age and your assets, you will have more financial responsibilities. If you’re younger and don’t have a lot of assets, this doesn’t mean your estate is not important.

A lawyer can help you make an estate plan no matter the stage of your life. In fact, the sooner you start planning, the less work you will have to do at once.

Do You Need an Estate Attorney: The Bottom Line

If you’re thinking about creating a will, an estate attorney is essential to this process. They know and understand the law, they can help you no matter the size of your estate, and help you have peace of mind.

Are you in need of help with your estate planning? Visit us to learn more about our estate planning services.

How to Write a Living Will

September 4, 2018/in Estate Planning

Writing a living will isn’t exactly the most exciting thing in life to do, but it’s a necessary task to complete as you enter into old age. You never know which day will be your life, and you want to know when the day does come that your affairs are taken care of.

Part of this means leaving a clear set of wishes for your friends and loved ones to disperse your things. This is especially important if you have a large network of close people or if you have a lot of valuable assets. Maybe you have both, in which case, knowing how to write a living will is even more important.

Keep reading to find all the tips you need to get this done.

1. Write Your Wishes Down

Before you write the official document, make a rough draft. Write a simple list of all the things you have and the people you’d like to give them to once you pass.

Make sure you include everything no matter how big or small an object is. This includes your home, your car, your savings, furniture, collector’s items, and even your pets. You can break some assets up for a few people to share while others will have to go to one person.

Don’t forget your wishes can include details on how you’d like your funeral to be. You can also give some of your possessions to charitable organizations or large groups you’ve been involved in throughout your life – like alumni groups, community boards, or awareness communities.

2. Edit for Clarity

Once you have all your ideas laid out in front of you, you can start turning the list into something more formal. Make each bullet point you’ve written a line item in your living will. Don’t be afraid to include footnotes or comments wherever necessary.

In fact, this is encouraged. It provides a clear sense of direction, which is crucial to ensure that the ideas you have for your will are followed through. Remember, you won’t be around to offer insight when friends and family have to use your will.

As such, you have to get it right the first time. Imagine that a complete stranger read the document. If they did, would they be able to fully understand your wishes without any doubt?

3. Have a Witness

Another important part of writing a living will is to have a witness. This person also needs to sign off on your final draft. A witness can verify that you did indeed write your will and that no one else is making these decisions for you.

They cannot, however, interpret the will once you’re gone, which is why clarity is so important. If you like the thought of having someone offer guidance and direction when the matters of the will are being discussed, you have to officially authorize that individual.

4. Ask Someone Before You Authorize Them

Although authorizing someone to make decisions for you is a simple process, it can be a complex matter.

Think about it: you’re asking this person to fulfill your life’s last wishes. It’s a big task, especially if you give them little direction and just completely hand the reigns over. How are they supposed to know which decisions would please you the most?

You need to consider this matter carefully, then discuss it in full before authorizing someone. Not everyone is comfortable taking on such a big task. Not to mention, you want to choose someone who will be fair and straightforward to all the people in your life.

The last thing you want is to authorize an individual who is going to use personal preferences and experiences to determine who gets what. The person you authorize needs to be acting with your best interest in mind. And yes, this does matter even when you’re gone.

5. Leave Nothing to Interpretation

Whether you’re having trouble deciding who to leave your jewelry collection to or you don’t know if you want to authorize someone or not, you can’t leave anything up for interpretation. This will only create trouble, and who knows who will step up to fix it.

It’s up to you to ensure the post-death process goes well for all of your precious belongings. This includes your personal assets as well as the people in your life. When you learn how to write a living will, you’re really doing an act of service for the people you love.

A living will means there’s not much for people to figure out once you’re gone. Instead, you’ve done all the hard thinking for them and left clear, concise instructions for them to move forward.

If you’re worried about being redundant, remember, there’s no such thing as being to clear. It’s better to repeat things once or twice than to leave certain matters up to fate.

How to Write a Living Will: Get Legal Counsel

The final thing to consider when figuring out how to write a living will is whether or not you need professional advice. Here’s a tip: you do!

You need a lawyer at the very least. This person can help you ensure your wishes will be followed as desired. They’re there to offer you counsel while writing the will and to make it official once you’re done explaining everything.

Some people even go as far as to consult accountants and business partners when writing their will, too. This is a smart move if you’re involved in any sort of legal partnership or if you have a lot of assets to give away.

To access the legal counsel you need for your living will click here.

A Guide to Understanding the Different Types of Power of Attorney (Updated for 2025)

July 31, 2018/in Estate Planning, Real Estate

Studies show that your ability to solve simple math problems and handle financial matters may be the first skills that get harder as you age.

Do any of these individuals need to sign some kind of power of attorney?

Adams has no close relatives, lives alone, and is due for a major operation in a couple of weeks
Thomas has Lou Gehrig’s disease
Mrs. Jones will be abroad for the next 8 months but need to sell their house
Collins runs a thriving business, is single, and has no economic or medical concerns

The answer is certainly yes. They all need to. A power of attorney refers to a document that authorizes you to appoint an organization or individual to run your affairs if you’re not able to do so.

Understanding Powers of Attorney in South Carolina

A Power of Attorney (POA) is a fundamental legal document that plays a crucial role in effective estate planning and personal financial management in South Carolina, much like it does elsewhere. It is a powerful tool that allows an individual, known as the “Principal,” to grant legal authority to another person, the “Agent” or “Attorney-in-Fact,” to act on their behalf. This authority can range from handling specific one-time transactions to managing all of the Principal’s affairs. Understanding the different types of POAs and the specific legal requirements in South Carolina is essential for creating a document that effectively serves your needs and provides peace of mind.

The core purpose of a Power of Attorney is to ensure that someone you trust can manage your affairs when you are unable to do so yourself.

This inability might arise from various circumstances, including physical or mental incapacity due to illness or injury, extended travel, military deployment, or simply a matter of convenience for managing distant assets or complex transactions. Integrating a well-drafted Power of Attorney into your overall estate plan is a cornerstone of preparedness, allowing for seamless management of your personal, financial, or even healthcare matters without the need for potentially cumbersome and expensive court intervention like guardianship or conservatorship.

Let’s delve deeper into the various types of Powers of Attorney and their implications, with a specific focus on the legal landscape in South Carolina.

The General Power of Attorney

As the name suggests, a General Power of Attorney typically grants broad authority to the Agent to handle a wide range of affairs on behalf of the Principal. The scope of power is comprehensive, empowering the Agent to step into the Principal’s shoes for most legal and financial matters. In South Carolina, the specific powers granted must be clearly enumerated in the document. Common powers typically included in a General Power of Attorney empower the Agent to:

Handle banking transactions: This includes depositing checks, withdrawing funds, managing accounts, and opening or closing accounts.
Sell and buy property: The Agent can buy or sell assets like vehicles, furniture, or other personal belongings.
Manage, sell, mortgage, or buy real estate: This is a significant power allowing the Agent to deal with real property interests, including signing deeds, mortgage documents, and leases.
File tax returns: The Agent can prepare, sign, and file state and federal income, gift, or other tax returns.
Manage government benefits: This involves handling matters related to Social Security, Medicare, Medicaid, veteran’s benefits, or other government programs.
Gain access to and manage safe deposit boxes: The Agent can access the Principal’s safe deposit box and manage its contents.
Enter into contracts: The Agent can sign contracts on behalf of the Principal for various purposes.
Settle claims: This includes the authority to negotiate and settle legal claims or disputes.
Purchase and manage life insurance: The Agent can buy or manage life insurance policies, including paying premiums or accessing policy values.
Exercise stock and bond rights: The Agent can manage investment accounts, buy or sell securities, and exercise associated rights.

Beyond these common powers, a Principal in South Carolina can choose to grant additional, often more sensitive, powers. These “optional” powers must typically be explicitly listed and sometimes even require the Principal’s initials next to each power to indicate they are specifically intended. These may include:

The power to make gifts: This power allows the Agent to transfer the Principal’s assets as gifts to individuals or charities. South Carolina law, particularly under the Uniform Power of Attorney Act (SCUPAOA), requires specific authorization for gifting, often limited to certain amounts or in accordance with the Principal’s past gifting patterns or estate plan. Without explicit authorization, an agent’s power to gift is generally limited.
Permission to maintain business interests: The Agent can operate, manage, or sell the Principal’s business holdings.
Permission to hire professional assistance: The Agent can hire attorneys, accountants, or other professionals to assist in managing the Principal’s affairs.
The power to transfer assets to or from revocable living trusts: This power is critical if the Principal uses a living trust as part of their estate plan. The ability to fund or amend the trust is often crucial if the Principal becomes incapacitated. South Carolina law requires specific authorization for powers related to trusts.
The power to change beneficiary designations: This is a very significant power, allowing the Agent to change beneficiaries on life insurance policies, retirement accounts, or other assets. SCUPAOA requires explicit authorization for this power.
The power to delegate authority: Allows the agent to appoint another person to act on the principal’s behalf for certain matters. This also requires specific authorization in South Carolina.
The power to waive the principal’s right to be a beneficiary: Allows the agent to decline an inheritance or gift on behalf of the principal. This power requires explicit authorization under SCUPAOA.
Access to digital assets: With increasing importance, granting the agent access to online accounts, social media, emails, and other digital assets is becoming common and requires specific language in South Carolina.

The extent of authority granted in a General Power of Attorney is entirely at the discretion of the Principal, but it must be clearly and unambiguously stated within the document to be valid under South Carolina law.

The Durable Power of Attorney

This is arguably the most important type of financial Power of Attorney for incapacity planning in South Carolina. The term “Durable” signifies that the authority granted to the Agent remains effective even if the Principal becomes incapacitated (mentally or physically unable to manage their own affairs).

Under the South Carolina Uniform Power of Attorney Act (SCUPAOA), which governs financial powers of attorney in the state, a power of attorney is presumed to be durable unless the document explicitly states that it is terminated by the Principal’s incapacity. This is a significant point of law in South Carolina – if your financial POA does not specifically say it’s non-durable or terminates upon incapacity, it is automatically considered durable.

The critical importance of durability lies in the very scenario a POA is often intended to address: the Principal’s loss of capacity. Without the “durable” language (or the statutory presumption of durability in SC), a traditional General Power of Attorney terminates automatically upon the Principal’s incapacity because the Agent’s authority is tied to the Principal’s ability to act. If the Principal is legally unable to act (due to incapacity), the Agent also loses the authority to act on their behalf. This is where a non-durable POA falls short for incapacity planning.

A Durable Power of Attorney ensures that your chosen agent can continue to manage your finances, pay your bills, access your accounts, and make necessary transactions even if you are in a coma, suffer from advanced dementia, or are otherwise incapacitated.

Because a Durable Power of Attorney grants such significant authority that survives your potential incapacity, choosing an agent you trust implicitly is paramount. The Agent will have the legal power to act on your behalf without your direct oversight if you are incapacitated. While South Carolina law imposes fiduciary duties on the agent (requiring them to act in your best interest), the potential for misuse exists, highlighting the critical need for trust and careful selection of your agent.

As an added layer of precaution or planning, a Principal can choose to make their Durable Power of Attorney a “Springing” Power of Attorney, which we will discuss next.

The Non-Durable Power of Attorney

In contrast to a Durable Power of Attorney, a Non-Durable Power of Attorney automatically terminates if the Principal becomes incapacitated. Under South Carolina law, this would be the default only if the document explicitly states that it is not durable or terminates upon the Principal’s incapacity, contradicting the statutory presumption of durability under SCUPAOA.

A Non-Durable Power of Attorney is typically used for a specific, limited purpose or a defined period. For example, you might grant a Non-Durable Power of Attorney to allow someone to sell a specific piece of property for you while you are out of the country, or to manage your affairs for a few months while you are traveling. Once the transaction is complete, the specified period ends, or if you were to become incapacitated during that time, the authority granted by the Non-Durable POA terminates. It is not suitable for long-term planning for potential incapacity.

The Limited / Special Power of Attorney

A Limited, or Special, Power of Attorney grants the Agent authority to act only in specific, clearly defined circumstances or for a single transaction. Unlike a General POA, which is broad, a Limited POA is narrow in scope.

This type of POA is frequently used when the Principal needs someone to handle a particular matter because they are unable to do so themselves due to illness, absence, or scheduling conflicts. The Agent’s authority is strictly limited to the actions listed in the document. Once the specific task is completed or the defined event occurs, the power typically terminates.

Common uses for a Limited Power of Attorney in South Carolina might include granting authority to:

Sell a specific vehicle.
Close on the purchase or sale of a particular piece of real estate.
Access a single bank account to pay specific bills.
Manage business interests for a defined period.
Collect a specific debt owed to the Principal.
Make specific financial decisions related to an investment.

The advantage of a Limited Power of Attorney is that it restricts the Agent’s authority, offering greater control to the Principal. It can be made durable or non-durable, depending on the Principal’s needs and the specific language used, though for a single transaction, durability is often unnecessary.

The Springing Power of Attorney

A Springing Power of Attorney is a type of Power of Attorney that does not become effective immediately upon signing. Instead, it “springs” into effect only when a specific future event, known as the “triggering event,” occurs.

In South Carolina, a Springing Power of Attorney is permissible under SCUPAOA. However, the triggering event must be clearly defined and objectively ascertainable within the document. Common triggering events include:

A specific date occurring.
The Principal reaching a certain age.
Most commonly, the Principal’s incapacity, as certified by one or more licensed physicians.

The appeal of a Springing Power of Attorney is that it allows the Principal to retain full control over their affairs until and unless a specific event, often their incapacity, occurs. This can be reassuring for individuals who are hesitant to grant immediate broad authority to an agent.

However, Springing Powers of Attorney can present practical challenges in South Carolina. Proving that the triggering event has occurred can sometimes be difficult or involve delays. For instance, if the trigger is incapacity, financial institutions or healthcare providers may require specific documentation, such as a doctor’s letter or affidavit, confirming the Principal’s incapacity before they will honor the Agent’s authority. This requirement can sometimes hinder the Agent’s ability to act quickly in an emergency. For this reason, many estate planning attorneys in South Carolina recommend an immediately effective Durable Power of Attorney rather than a Springing one, provided the Principal has chosen an agent they deeply trust.

The Medical Power of Attorney (South Carolina Healthcare Power of Attorney)

Separate from financial powers of attorney, a Medical Power of Attorney, formally known as a Healthcare Power of Attorney in South Carolina, is a critical document for healthcare planning. This document allows you to designate an agent (sometimes called a healthcare agent or healthcare proxy) to make medical decisions on your behalf if you are unable to make or communicate those decisions yourself due to illness, injury, or incapacity.

In South Carolina, the requirements for a valid Healthcare Power of Attorney are distinct from those for a financial POA. While a financial POA primarily requires notarization under SCUPAOA, a Healthcare Power of Attorney in South Carolina requires:

Written document: It must be in writing.
Signed by the Principal: The Principal must sign and date the document (or have someone sign on their behalf in their presence and at their direction).
Witnessed: It must be signed by two witnesses. South Carolina law specifies criteria for these witnesses. Generally, at least one witness cannot be an agent, a relative by blood, marriage, or adoption, or an employee of the Principal’s healthcare provider. Witnesses typically attest that the Principal appeared to be of sound mind and signed voluntarily.

The Agent appointed under a South Carolina Healthcare Power of Attorney has the authority to make decisions about medical treatment, surgical procedures, medication, admission to healthcare facilities, and other healthcare matters, based on your known wishes, if any, or otherwise in your best interest.

It’s important to understand that in South Carolina, most healthcare providers directly involved in your care and employees of your healthcare facility are legally prohibited from serving as your Healthcare Power of Attorney agent unless they are related to you.

A Healthcare Power of Attorney works in conjunction with, but is separate from, other healthcare directives like a Living Will in South Carolina. A Living Will typically addresses your wishes regarding life-sustaining treatment in the event of a terminal condition or persistent vegetative state, while the Healthcare Power of Attorney gives broader authority for other medical decisions and situations of temporary or permanent incapacity.

The Financial Power of Attorney

While the term “Financial Power of Attorney” isn’t a distinct type in the same way “Durable” or “Limited” are, it’s often used to specifically refer to a Power of Attorney that grants authority solely over the Principal’s financial affairs, as opposed to healthcare matters. In South Carolina, a Financial Power of Attorney would be governed by the SC Uniform Power of Attorney Act (SCUPAOA) and would typically be made durable to be effective during incapacity.

This document would encompass the powers listed under the General Power of Attorney section, focusing exclusively on financial, business, and property matters. Its purpose is to ensure seamless management of monetary affairs should the Principal become disabled or unable to express their wishes.

The Agent for a Financial Power of Attorney in South Carolina can be a trusted family member, friend, attorney, accountant, or other individual with the integrity and capability to manage financial matters responsibly.

The Childcare Power of Attorney (South Carolina Delegation of Parental Authority)

In South Carolina, there is a legal mechanism that functions similarly to what might be called a “Childcare Power of Attorney” in other contexts. This allows a parent or legal guardian to temporarily delegate certain parental powers regarding the care, custody, and property of their minor child to another person.

This is particularly useful when a parent needs to leave their child in the care of a relative or trusted friend for a period due to travel, illness, military deployment, or other reasons. The delegated powers typically include making decisions related to the child’s:

Emergency medical treatment.
Education (enrolling in school, discussing academic matters).
General care and well-being.

South Carolina law has specific requirements and limitations for such delegations. Generally, a written and signed document is required, often needing notarization. There are also limitations on the duration of such temporary delegations, typically limited to a certain number of months (e.g., six months), though extensions may be possible under specific circumstances defined by statute. This mechanism provides the temporary caregiver with the legal authority needed to make necessary decisions for the child in the parent’s absence without requiring formal guardianship proceedings.

Wrapping Up Types of Power of Attorney

A power of attorney exists to protect those who can’t protect themselves, with their nearest and dearest by their side.

Understanding the various types of power of attorney discussed above can make most of your decision making easier and more comfortable in otherwise rough times.

For more information about power of attorneys, estate planning, and other legal matters, get in touch with De Bruin Law Firm today. Contact us today to learn more about our services.

10 Steps to Making a Will — And Why You Need a Lawyer to Help

June 13, 2018/in Estate Planning

Have you written your will yet? If the answer is no, this is something you should not ignore.

Every adult should have a written will to protect their assets and family from the unexpected

If you think making a will is complicated, we’re here to help. Keep reading to learn how.

1. Understand Why You Need a Will

There’s a common misconception you need to be rich in order to make a will. However, failure to do so will result in a difficult time for your loved ones in the event of your passing.

Maybe you don’t have millions of dollars or many properties, but you still need to designate who will keep your possessions.

A will dictates your last wishes. If you promised your younger brother your motorcycle but don’t leave a will, who is to say there won’t be many family disputes over it.

Having a will is important for any person, not just rich individuals.

2. Inventory Your Estate

Making an inventory of your material possessions is quite simple. If you have a living spouse, you could simply leave any properties, trusts, and insurance policies to your spouse.

Then if you want to leave other material possessions to other family members, you should specify it in the will. This part is simple, but it does get a bit tricky when you have more financial affairs.

You might not be aware of other aspects that should be included in the will. Consulting a lawyer is the best way to get some guidance on things like trust accounts, insurance policies, 401K or IRA accounts, and more.

A lawyer will ensure there are no loopholes left when you make the inventory of your estate.

3. Appoint an Executor

You will need to appoint an executor. An executor is not necessarily a beneficiary, it can be anyone you fully trust.

The job of an executor is to ensure your last wishes are fulfilled when you pass away. Your executor will distribute the property, pay the taxes, and perform other legal duties on your behalf.

If you don’t have a family member or friend to be the executor, you can leave it in the hands of your lawyer.

4. Decide Who Will Get Custody of Your Kids

If you have underage children, it’s even more important you have a will. In order to avoid your children ending up without a guardian, or with the wrong one, you should appoint on in your will.

Remember, the person you pick to be your guardian should be fully aware of the commitment.

Pick a relative or close friend who you trust and will match your parenting style and values.

5. Designate a Power of Attorney

If you decide to draft a will, you should also designate a power of attorney.

A power of attorney is someone who will act on your behalf should you become physically or mentally disabled and unable to make your own decisions.

Whoever you designate will have the financial responsibility of paying your bills, managing debts, and other critical financial decisions you’re unable to make for yourself.

Consult an attorney to get more information or what kind of power of attorney you would need.

6. List All Your Debts

In the event of your passing, your debts don’t go away. Since your executor will be the person responsible for paying all of your debts, you should leave them a list to guide them in the process.

Make a detailed list of all your financial obligations including car loans, mortgages, credit cards, medical bills and more.

7. Choose Your Beneficiaries

If you have a simple family dynamic, your estate will probably go to your spouse or children. At least that is how a judge would decide it if you don’t leave a will behind.

If this is your wish, you should leave a will to make sure is in writing an no one can try to take from your family what is rightfully theirs.

However, if you don’t have immediate family or are estranged, you should designate a beneficiary. In doing so, it will speed up the probate process.

8. Pick a Place for Your Will

Your will is an important legal document, therefore, you need to make sure store it in a safe place.

Leaving it in one of your drawers at home is not a good idea. In a will, you included your last wishes and should only be read in the event of your passing. No one should have access to this document.

It should be stored in a fireproof place away from prying eyes, like a bank safe deposit box. Just make sure someone you know knows the location.

9. Review and Update Your Will

Once a copy of your will is drafted, you have to make sure it says what you meant for it to say.

This is the time to make changes and be as specific as possible.

Even once your will is done, you’re not done with it. You should pull your will out of the safe place where you keep it to review and update it.

You should aim to pull your will out of hiding every four to five years just to verify those are still your wishes.

If you fell out of touch or someone you included in your will passed, then you want to make sure they’re removed from the will.

10. Don’t Forget the Importance of a Lawyer

Although there are some will DIY resources, hiring a lawyer to write your will is one of the safer choices.

Hiring a lawyer means there will be no confusion on your will because they know the law and know how to navigate complex cases and situations.

Making a Will Doesn’t Have to Be Difficult

Making a will is not only for rich people. If you have belongings, property, or children, is a smart move to leave a will behind.

A will is the record of your final wishes and it’s important you leave those instructions in the right hands. Are you in the South Carolina Area and would like help in your estate planning? Don’t hesitate to contact us.