Your Essential Estate Planning Checklist

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Estate planning is a process that many people often find stressful. This is true even for those who have dealt with this type of situation before.

We’ve put together a short estate planning checklist to help streamline your obligations. Let’s explore everything you should know.

A Comprehensive Will or Trust

As you may guess, one of your primary estate planning responsibilities is to develop a comprehensive will or trust. This is true even for those who do not have a substantial number of assets to distribute.

Without these documents in place, it can be notoriously difficult to ensure that the appropriate parties receive what they are entitled to. It’s not uncommon for the absence of a will or trust to result in legal complications for other individuals down the line.

Additionally, the wording of these documents is highly important. Individuals should be clearly defined, and there should be no question about what party is entitled to specific assets.

Wills that have ambiguous language can often lead to feuds over entitlement, legal battles, etc.

Power of Attorney

For those unfamiliar with this term, power of attorney refers to allowing a specific individual to act on your behalf.

To elaborate, it’s crucial to establish a strong power of attorney during your estate planning so that your assets are properly allocated. Otherwise, a court may be in charge of deciding how your assets or property are distributed.

More often than not, their decision will not align with your original intentions.

Power of attorney comes into play during scenarios where you are no longer fit to make decisions for yourself, such as if you are mentally incompetent or deceased. It’s highly recommended to choose someone who has your best interest in mind.

Designated Beneficiaries

As previously mentioned, you need to clearly designate what individuals are going to receive certain possessions or property. But, there’s an interesting component of estate planning that many people tend to overlook.

Certain types of possessions can be claimed by your heirs without being formally designated within your will or trust. For example, 401(k) plan assets fall into this category.

Declaring the beneficiary will ensure that this individual can handle your wishes appropriately. When choosing a beneficiary, it’s also worth considering their overall health.

If the individual that you designate is mentally incompetent or deceased, the court could take over instead. Additionally, the beneficiary that you name should be over the age of 21 in order to prevent complications from arising in the future.

Healthcare Power of Attorney (HPCA)

As the name suggests, a healthcare power of attorney allows another individual to make health-related decisions on your behalf.

This often comes into play when someone suffers from a debilitating mental condition, gets into an accident, etc. At this point, the HPCA (which is often a family member or spouse) can make decisions for the affected individual.

It’s best to choose someone you trust who has views that align with your own. Because this role is so important, you also need to designate a backup agent.

This individual will take over in the event that your designated HPCA is unable to act. Typically, a backup agent is someone who is not associated with the original HPCA.

A Letter of Intent

This document is as straightforward as it sounds — it declares exactly how your beneficiary should handle your assets. Common details include funeral arrangement requests or how to act during specific scenarios (such as giving money to a nephew after they graduate college).

In the event that your will is deemed invalid, a letter of intent could help the court gain insight into your original intentions. This is something essential to keep in mind, as your plans may otherwise fall through entirely.

Designated Guardians

For those who have children or are plan on having kids one day, it’s imperative that you clearly define designated guardians while planning your estate. Unfortunately, this obligation is often overlooked due to being preoccupied with the distribution of property or finances.

Additionally, individuals with children often do not foresee themselves becoming deceased or mentally incompetent before their children are grown.

The guardian you declare should be both mentally competent and enthusiastic about caring for your children. Additionally, they should be financially sound and capable of providing your children with a safe environment that is conducive to their development.

As you might expect, you should also name additional individuals as backups. Without these precautions in place, a court may rule that your children should be placed under the care of a family member you don’t trust.

In some circumstances, a court may even rule that your children are to be deemed wards of the state.

Create a List of Outstanding Debts

For those who are unaware, it’s possible that certain debts can pass to the beneficiary of your will. In some cases, the amount of debt that this individual experiences will outweigh the total value of the assets they receive.

To elaborate, let’s assume that the combined value of the assets someone inherits is worth $50,000. But, they also become responsible for $250,000 in secured loan debt.

To help navigate this situation, it’s highly recommended to get in touch with a professional and inform them about your concerns.

This Estate Planning Checklist Can Be Game-Changing

It’s essential that you keep it in mind. From here, you can use the above estate planning checklist to ensure that the process goes as smoothly as possible.

Want to learn more about what we have to offer? Feel free to reach out to us today and see how we can help.

5 Advantages of Having a Small Business Lawyer

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Your business may be classified as small, but it’s everything to you! You have poured yourself into it and know it inside and out.

And while you may be an expert in your business field, chances are you may not be an expert in the law. That’s why having an experienced small business lawyer on your side is a good idea.

Don’t wait until you are in a jam or have been sued. A good lawyer can help prevent those from even happening at all.

Read on for 5 benefits of a small business lawyer.

1. A Doctor for Your Business

You depend on a family doctor to keep you healthy and live a long life. Think of a lawyer as a doctor for your business.

It is their job to protect your dream and livelihood and keep it operating at top capacity while avoiding unnecessary lawsuits and drawn-out legal proceedings.

They will help organize the business structure to best suit your long-term objectives. Do you want a partnership or sole proprietorship? Do you need an LLC, or should you form a corporation?

There are risks, liabilities, tax implications, financial considerations, and other legal matters depending on which route you choose. It pays to have someone with legal experience to help make the right decision.

Your personal small business lawyer will continue to monitor your business model to keep all aspects running smoothly.

2. A Contract Specialist

Almost every decision made regarding your business from day one will involve some type of contract, from customers to suppliers to employees.

Unfortunately, the days of handling details with just a firm handshake are a thing of the past. It is in your best interest and your dream business to have everything in writing and legally correct.

You want to be fair with your employees, but you must protect your business. Non-disclosure or non-compete agreements may be needed to keep your business secrets and plans from falling into outside hands.

Vendors are your lifeline and require mutual respect and the flow of information. There are also times when a well-worded contract by a skilled small business attorney will save you both time and valuable money in keeping your business afloat and profitable.

3. To Defend Intellectual Property

If your business is the product of years of dreaming, planning, thinking, and ideas, then the final achievement is your intellectual property. The last thing you need is someone to steal your concept and claim it as their own.

Inventions, logos, designs, software, brand name, original productions, and even services are considered your intellectual property. To protect them, you might need copyrights to register trademarks or even patents.

Don’t risk losing all your hard work by not taking action to protect them. And don’t trust just anyone with this information. Your small business lawyer knows how to preserve this data and knowledge.

4. For Your Real Estate Ventures

Maybe you started your business from your basement or living room, and it’s time to expand. Or maybe you want to start the gate in a brick-and-mortar building.

Whatever your real estate needs are, make sure you have an attorney in your corner. Leases and other agreements have a lot of fine print but are still often negotiable. Don’t get caught in a situation you can’t get out of.

From start-up to moving up, your small business lawyer will have your real estate needs covered.

5. To Help Arrange an Exit Strategy

Few businesses are run and maintained solely by one person. Whether you have partners or shareholders, there will come a time when someone wants out.

Even under good circumstances, there are still legalities and financial impacts involved when someone leaves. A business attorney negotiates buy-back or buy-sell agreements so everyone is covered and the business still has the capital to operate.

How to Pick the Best Small Business Lawyer for Your Business

Now that you have answered the question should my business have a lawyer, your next step is to find the best one for you. Here are some things to consider.

Their Experience

There are many levels of legal services you will need with your small business. Make sure the attorney you choose is experienced in each of them.

You don’t want to have to hire multiple lawyers to do multiple jobs. Find one who can help you with all your needs.

Their Knowledge of Your Type of Business

All businesses are not created (or run) equally. There is not a one-size-fits-all legal approach either.

Your small business lawyer is also your partner. They should be knowledgeable about the type of business you run. This helps them keep up to date on all related laws, potential road bumps, and how to help plan for your future.

Their Connections

While you want your attorney to cover all your legal bases, they may come when they need to reach out for additional help or resources.

A well-established lawyer will have a network of connections. This will enable them to bring someone in to help that they know and trust.

Their Attitude

Simply put, can you see yourself working with them? You will not see them every day, but you must be able to get along when a need does arise.

They should be approachable, easy to reach, and dependable. Your business’s needs must be a priority, and dealing with them should be pleasant and not another chore.

Their Fees

As with any valuable resource, your small business lawyer is a financial investment. However, you owe it to your bottom line to understand their fees and payment structure.

Perhaps you want to pay per project as needed. Others may opt to have their attorney on retainer. This is a negotiation process that both parties need to agree on for the benefit of both.

Don’t Risk Your Life’s Dream

From the first day, you thought about starting your own business; everything has led to this point. Don’t risk all that time, money, and effort by not being prepared and represented.

A small business lawyer will be by your side through the ups and downs and will always work to have your best interests in mind. From contracts to protecting your brand to keeping you out of the courtroom, they do their job so you can focus on yours.

Here at De Bruin Law Firm, we are a full-service law office dedicated to making our clients a priority. We specialize in business law and would love the opportunity to work with you.

Reach out today for more information on our services.

How Long Does a DUI Stay on Your Record in South Carolina?

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Police charge more than 4 million Americans for DUIs each year. DUI charges are unfortunately common and have lasting life impacts.

But how long does a DUI stay on your record? What other information should you know before moving forward?

In this article, we’ll be discussing what a DUI means in South Carolina and how long it’ll remain on your record down the line.

What Defines a DUI in South Carolina?

South Carolina states that if you have a blood-alcohol level of 0.08 percent or higher, you are under the influence.

A DUI is also defined as being under the influence of any drug, alcohol, or other intoxicant. If your BAC is at least 0.05 but under 0.08 percent, it’s evidence that you’re under the influence.

Those charged with a DUI usually face a fine, driver’s license suspension, and community service. If you don’t have any prior convictions from the past 10 years, a DUI will count as a first offense.

DUI vs. DUAC

Those BAC levels are important to know when looking at penalties for driving while intoxicated in South Carolina.

If you’re at or below 0.08 percent, you’ll most likely get a DUI charge. This means the officer had enough reason to charge you with a DUI. Chances are, the officer saw you exhibiting signs of intoxication.

If your BAC is higher than 0.08 percent, that’s when you’ll face a DUAC charge, which stands for “Driving with an Unlawful Alcohol Concentration.” DUAC charges occur after proper alcohol testing.

If you’re tested within two hours of a police encounter, you can get a DUAC charge.

Penalties for DUI in South Carolina

So what happens when you’re charged with DUI? Here are some of the most common penalties:

Jail Time

If this is your first offense, a typical jail sentence lasts about 48 hours but can extend to 30 days. If your BAC was between 10% and 16%, the minimum sentence is extended to seven days.

Judges often allow an equal amount of community service instead of jail time.

Fines and Suspension

For first-time offenders, you’ll face a $400 minimum fine and a six-month license suspension. A second offense will land you a fine of $2,100 to $5,100, along with a year-long license suspension.

Third-time offenders get between $3,800 and $6,300 and a two-year license suspension. The length of the suspension depends on how much time has passed between your second and third offenses.

One to five-year prison sentences is usually carried out for fourth and fifth-time offenders.

How Long Does a DUI Stay on Your Record?

If you are convicted of a DUI in South Carolina, unfortunately, that will stay on your criminal record forever. It can, however, be removed from your driving record after 10 years.

What does that actually mean for your future? Let’s take a look at some of those factors here:

How Does This Affect Me in the Long Term?

If you have a DUI conviction on your record, getting auto insurance will become more difficult. If you have prior business with an insurance company, your premiums will go up.

All of this will last for at least 3 years and up to 5. Some insurance companies have “assigned risk” insurance for people that have DUIs on their records. You’ll get coverage but at a high premium.

DUIs also affect the outcome of your background checks. Employers, landlords, and security agencies might judge your character based on a DUI charge.

As such, DUIs can serve as unwanted baggage for many people. It affects their job prospects as well as their insurance coverage.

Can My DUI Transfer Across State Lines?

If you move to another state, your DUI charge will be transferred to the Department of Motor Vehicles in your new home state.

South Carolina is a member of the Interstate Driver’s License Compact. This means states agree to exchange drivers’ information when they’re convicted of a DUI.

Different states also have different penalties for DUIs as well. This means you might face different penalties with a South Carolina DUI in another state.

How to Avoid Getting a DUI

It’s safe to say that getting a DUI in South Carolina does you no favors even if you no longer live in the state.

The best way to avoid DUIs is to get a designated driver or call a cab after having a few drinks. In emergencies, however, remember that an arrest isn’t automatically a conviction.

In other words, you have other defenses at your disposal:

Unlawful Arrest

An officer needs a legal cause to pull you over for a traffic stop. If you can prove that an officer had no legal right to arrest or detain you, this can be cited as a violation of your rights.

Lower BAC

If your BAC is lower than 0.08, this can be evidence to challenge the charge. Furthermore, if you were showing no signs of intoxication, you can also use that to your defense.

Unrecorded Arrest

Officers in South Carolina must use a dashcam to record your DUI incident. If they fail to do so, it can weaken the prosecutor’s case.

How a DUI Lawyer Can Help

At the end of the day, you need a DUI lawyer to help make your case. To avoid a DUI conviction, a DUI attorney is the best person to contact.

They can record your evidence and help gather the right documents. They’ll make sure the officer followed the mandatory procedures and that all tests were administered correctly.

DUI lawyers help make your case that you shouldn’t be charged for a DUI.

Get the Best DUI Lawyer in South Carolina

DUIs impact your life even after a first offense. Having the right people on your side when a DUI charge is imminent is crucial for your future.

Use this guide to answer the question “how long does a DUI stay on your record” and find the right DUI lawyer in your area.

Looking for reliable attorneys in South Carolina? Contact us today and we can get you started on your case.

Buying a Property? Do These 9 Items Before the Real Estate Closing

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So, you’ve finally found your dream home, and you’ve entered into an agreement with the seller. Congratulations!

With the end in sight, now may seem like the perfect time to rest and unwind after the hard work of your real estate search—but not so fast. There’s a reason the average real estate closing takes almost 50 days on average: there’s a lot to do!

Before you let yourself relax, there are a few essential items to take care of. Let’s take a look at the things you’ll need to do before your upcoming closing.

1. Apply for a Loan

Whether you’ve secured pre-approval or not, now is the time to apply for a mortgage loan. This is one of the most important things you’ll want to do before the closing, as nearly half of all closing delays happen because of financing issues!

This will mean doing some research to find the best mortgage lender for your needs. To do this, you’ll need to compare rates as well as any additional fees and requirements. Don’t forget to also lock in your interest rate once you’ve been approved.

2. Hire a Real Estate Attorney

The closing process can be complicated, and having someone look out for your best interests is a great help for most buyers. Even with a helpful closing organizer in hand, buyers often find that the expense of hiring a real estate lawyer pays for itself!

Real estate attorneys can review each of the many contracts and documents involved in the purchase of your home. They can help negotiate on your behalf, watch for elements that could complicate the purchase, and offer peace of mind during any tricky situations you find yourself in moving forward.

3. Get Ready for the Closing Fees

The loan may be the biggest financing issue on your mind, but it’s not the only one. Every real estate closing comes with a host of closing fees, which are payments made to third parties for various services related to the property transfer. These fees can include anything from an appraisal fee to Homeowner’s Association fees.

On average, the total will range from 2% and 7% of the home’s purchase price. This, of course, is shared between the buyer and the seller, with the buyer often paying slightly more, usually 3-4%.

4. Examine the Title

Before you move any further into the home closing process, you’ll need to clear the property title. The last thing you want to learn at this point is that the seller doesn’t own or have the right to sell the house! This can happen when relatives or an ex-spouse claim that they, too, are a legal owner of the home.

Working with a title examiner can ensure that no one aside from the seller can claim ownership of the property. As the buyer, you’ll have the opportunity to choose the real estate attorney or title company you partner with. If needed, seek out recommendations from your lender or real estate agent to be sure you’re working with a reputable expert.

5. Do the Home Inspection

At some point during the escrow period, you’ll want to have a professional come out to do a home inspection. Most major lenders require this, but even if yours doesn’t, it’s still a good idea.

This preventative measure can help ensure that there are no issues with the home before the official property transfer. An inspector will look for major problems with the building’s structure, wiring, plumbing, and more—all of which could be costly to fix.

If the home inspection uncovers any previously unknown problems, you can choose whether or not you wish to continue moving forward with the closing. If you decide to move forward, you can negotiate with the seller to have them pay to fix the issues.

6. Have the Home Appraised

Again, this is a service any major lender will require. An appraisal will determine how much money the property is worth, which keeps your lender from loaning you the wrong amount of money. It can also help keep you from overpaying for the loan.

This process is often separate from the home inspection, and you or your real estate agent will need to reach out to an appraiser to set it up.

7. Get Homeowners insurance

Before the home closing is complete, you’ll need to show proof that you’ve taken out a homeowners insurance policy on your new home.

Beyond this requirement, it’s simply a good idea to have a policy in advance. This type of insurance will help cover exterior and interior damage to your home, as well as the loss or theft of your belongings and any injuries that happen on the property.

You have multiple options available to you when it comes to finding the right policy and coverage, so allow yourself plenty of time to research your choices and weigh the pros and cons.

8. Do a Final Walk-Through

This step isn’t to be confused with the home inspection process above. A final walk-through happens in the days leading up to the closing, and both the seller and buyer should be present for it.

During this walk-through, you’ll have one last chance to inspect the property. Take the opportunity to check everything from the big-ticket appliances to the doors and windows. If the status of any part of the property doesn’t mind its agreed-upon condition, you’ll want to bring it up now.

9. Get Ready to Sign

Bring your favorite pen and flex your fingers: you’ll be signing a lot of documents and contracts!

Before you head to the closing table, prepare in advance by grabbing your proof of homeowners’ insurance, your home inspection reports, the paperwork for your home loan, a photo ID, and a copy of your contract with the seller. Your attorney will help guide you through the signing process from there.

Let Us Help Prepare for Your Real Estate Closing

There are few worse things than allowing your dream home to slip through your fingers on a technicality. Following the steps above can help you make the most of your real estate closing process, securing your new property for the future.

If you’re looking for further expert help during your closing, partner with our team! Our experts can help you review your contract, secure title insurance, and much more. Learn more about our services or reach out today for a no-obligation consultation.

Protecting Your Sale: A Comprehensive Guide to Title Insurance

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Buying a home is a big investment and one that takes careful planning and organization. You want to be sure you are buying the best home for your money.

It’s the reason you hire a real estate agent to guide you through the home search process. It’s the reason you have a home inspector go through the property with a fine-tooth comb. You hire a mortgage broker or go to your trusted financial institution because you want their expertise.

One part of the process that might surprise is the requirement to get title insurance. What is title insurance and why do you need it?

Read on to learn what you need to know about title insurance when you’re buying a house.

What Is Title Insurance?

Title insurance is a type of insurance policy used to protect you and the mortgage company. This insurance is different from other types of insurance you might get, like auto insurance or homeowners insurance.

Typically, when you purchase an insurance policy it protects you against possible events that might happen in the future.

Title insurance is different in that it protects you from things that have potentially happened in the past with the property you are buying.

When considering title insurance there is both lender’s title insurance and owner’s title insurance.  The lender’s title insurance protects the interest of the lender, mortgage company or bank. While the owner’s title insurance will protect the homebuyers interest in the property purchase.

Typically, the lender will require the homebuyer to get title insurance and it is covered under part of the closing costs.

Title Insurance Lingo to Know

To understand how title insurance works, it’s important to understand the terminology associated with getting title insurance. Let’s take a closer look at some verbiage you should know.

Title

The title is the legal document that is issued when you purchase a property. It has the legal description of the property in question.

Title Insurance

Title insurance is the insurance policy that protects your rights and the rights of your lender if there is a dispute related to the property.

Owner’s Title Insurance

The owner’s title insurance is issued to the homebuyer. As the policyholder, you’re also named as the beneficiary. The policy protects you if there are claims made on the property after the house title is transferred to you.

Lender’s Title Insurance

The lender’s policy, sometimes referred to as the loan policy, protects the lender who has a financial interest in the property. It offers them protection from possible financial loss if there are claims made on the property after the sale is complete.

Title Search

The title search is done before the title transfers from one owner to the next. It checks the legal ownership of the property. The goal is to identify anyone who might have a legal claim on the property. it also would identify, hopefully, anyone who might have a right to use the property.

Title Defects

Title defects help to identify through the title search and issues or threats that might be made on the property.  By looking at anyone who might have a financial or legal interest in the property, the title search can identify potential defects.

Encumbrance

An encumbrance would identify any possible limitation on the property getting purchased. An encumbrance might include things like a zoning law issue, an existing lease on the property, or easements or encroachments that exist on the property.

Easement

An easement gives another person the right or access to use a part of your property. An example might include a utility company might have an easement on the property. It gives them the legal right to use the property for a specified purpose, yet it doesn’t mean they have any ownership right.

Encroachment

Encroachments happen when something spills onto the property being purchased. This might include a fence, stand alone building or even a driveway. Encroachments can make property issues tricky and should be avoided if possible.

How Does Title Insurance Work?

The title insurance works similarly to other insurance policies you might be familiar with. If an issue arises with the title on the property you have purchased, the insurance company will work to address the issue.

They might investigate to see if the issue in question is legitimate. They might fight the issue in the courts on your behalf or the lender’s behalf.

If they can’t resolve the issue, they would be responsible for compensating you accordingly.

What Does Title Insurance Cover

There are several areas that are typically covered under title insurance.

One thing the insurance protects against is any unknown liens on the property. The previous owner may have had a lien put on the property that didn’t show up on the title search. This might be for unpaid taxes or unpaid child support, for example.

Often property passes from one person another through a will after someone dies. If there was an heir that was omitted when the property was inherited, they might show up wanting their portion of the property. In fact, it would be considered they still have some legal ownership in the property. The title company would need to resolve the ownership issue.

Mistakes happen and title insurance protects against possible errors in the public record.

There also could be a potential issue related to fraud. If the property was previously bought or sold fraudulently, the insurance protects against this.

Cost of Title Insurance

The good news about title insurance is that it’s a one-time cost. Typically, the lender’s insurance is slightly less than the owner’s title insurance.

Lender’s insurance is usually included in the closing costs paid at the time of the closing on the property.

The other part of the good news is that while you only pay once for the policy, it is good for the whole time you own the property. Most lenders require title insurance, while owner’s insurance can be optional.

 

Understanding Title Insurance

Buying a house is certainly exciting. Yet, it comes with some risks too. Understanding what is title insurance works to eliminate some of those associated risks that come from the history of the property.

If you have questions related to your property purchase, or need a real estate lawyer for a closing or to look at your title insurance issue, we can help. Contact us today so we can answer your real estate related questions.

Probate Administration 101: What Is It? And What To Do?

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When a person dies, the distribution of assets happens according to their will or estate plan. Sometimes this distribution runs into conflicts and disagreements amongst family members and creditors.

When disagreements occur, a case is filed with a local court system to review the conflicts. At the start of 2021, the South Carolina State Court Administration office reported that there were over 50,000 probate cases in the statewide court system.

Probate administration means distributing these possessions consistent with an existing will. If you were recently appointed as a will’s executor, read more here on the process.

Probate Administration Defined

Probate administration means managing someone’s personal property after they die. When someone creates their will, the legal process will validate their last wishes after their death. This process also helps execute their instructions and distribute their assets.

When someone dies without a will in place, the local probate court decides on how to allocate the remaining property.

Probate Administration Terms

Probate administration involves terminology that can appear overwhelming when you’re already handling a great load of personal grief. Some probate terms you’ll need to learn include:

Decedent

Decedent is a legal term used in estate planning and probate matters. This term refers to the deceased person whose estate is subject to probate proceedings.

Personal Representative or Executor

This is the person responsible for executing the final instructions contained within the will. This role is also called a personal representative.

Letters of Testamentary

These documents come from the local probate court to authorize the executor to begin executing the will.

Notice to Creditors and Notice for Probate

These are written notices sent to any interested party in the estate in question.  Executors send these notices to creditors and identified heirs.

Informal Probate Procedures

Those states that adopt a Uniform Probate Code don’t conduct probate court hearings. This code applies whether the estate is small or large.

This system also applies if the deceased left no will. If someone contests a will, they can’t use this informal system.

Steps to Navigating the Probate System

Your case is determined by your own state’s laws. But most probate cases will go through this process.

Probate Opens

Executors will file a petition with the probate court where the deceased lived. Executors must “prove” a will. They can’t distribute any estate assets until they complete this step.

Send Notice

When the probate court approves the will and appoints the administrator, they should notify interested creditors or other parties. “Interested parties” refers to those specified in the will, as well as other relatives. Probate law refers to these people as the “next of kin.”

An administrator can post a notice in their newspaper if an interested party’s address can’t be found. Interested parties can include:

  • Relative(s) who might inherit an estate in the absence of a will
  • Creditors that the executor learns about after processing the decedent’s financial papers

Itemize Assets/Property

Probate administration also includes calculating the estate’s total value at the time of death. Executors calculate these assets themselves or consult a professional appraiser. Executors might also consult a broker to calculate the value of personal investments (i.e., stocks and bonds) at the time of death as well.

Executors send inventory lists to the estate’s heirs as well as the probate court. An itemized asset list can help demonstrate that the estate was evenly distributed amongst the heirs and creditors.

Distribute Assets

“Asset distribution” doesn’t only apply to making sure beneficiaries receive their inheritance. Distributing assets also include paying out the estate’s outstanding taxes or debts. Asset distribution also includes closing any of the decedent’s existing bank or retirement accounts.

Distributing assets also includes following the laws to leave money designated for minors. A minor can’t legally inherit funds directly. The executor creates a trust to hold the money until the minor is an adult and manages that trust until the minor grows up.

Close the Estate

The last step in probate administration is to close the estate. The executor files a petition to disband the estate and closes the case. This petition is filed once all the assets have been sold, discarded, or distributed and the executor’s and necessary court fees are paid.

What Is Probate Court?

Probate court is the legal forum when conflicts arise with probate administration. Probate judges can review a case if major disagreements come up. Here are some examples of when a probate judge can intervene.

When a will is uncontested that means all involved parties agree that it’s valid. If someone disagrees with a will or that it contains errors, the case is submitted to the court. That’s when a judge will decide if these concerns are accurate

Creditors to an estate must claim outstanding debt within certain deadlines. If an executor denies a creditor’s claim, a judge will rule on the matter

Sometimes executors need to sell estate assets, just to settle outstanding creditor debt claims. If they disagree with those creditor    claims, executors can ask a judge to rule on these matters as well

Beneficiaries may disagree with the way the executor is performing their duties. These beneficiaries can bring their concerns to a judge to review

What Is a Probate Lawyer?

One of the main players in probate administration is the probate lawyer. A probate lawyer can file petitions to appoint an executor and report to the court what the executor completed during his/her administration period. Probate attorneys receive creditor’s claims and send notices to heirs and beneficiaries that the case is opened or closed.

They also handle all required procedures in the courts. For example, they may file a will or contest who becomes the executor. They can handle creditors’ claims and gives notice to creditors, and heirs, beneficiaries, and other people who should receive notice of probate.

Next Steps in Probate Administration

If you are an estate’s executor your first step is to file a petition with the probate court where the deceased lived. You can’t distribute the estate’s assets until you finish this step. The local court will then decide if the will is valid.

Prepare your notices to beneficiaries. Review all creditors’ claims filed against the estate. Itemize the value of the estate and then distribute the assets according to your local court laws.

If you encounter problems along the way with probate administration, don’t hesitate to give us a call. The De Bruin Law Firm is ready to help you with your probate responsibilities.

Key Reasons to Use an Attorney for Estate Planning Services

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Key Reasons to Use an Attorney for Estate Planning Services

In recent months, many of us have gotten better about one essential need: estate planning.

Though 62% of Americans still don’t have a will, the current health crisis has prompted many to draft or update theirs. Concerns about the pandemic have made many people, young and old, decide that the time has come to protect their assets and their loved ones.

But while these intentions are good, it’s worth noting that you’ll only reap the benefits if you do the estate planning process correctly on the front end. After all, it’s certainly true that you can draw up your own will and trust—but should you?

What benefits can an attorney offer that you can’t provide on your own? Should you partner with an expert, or should you assume your own efforts will protect your assets? Let’s take a look at a few key reasons to use an attorney for estate planning services.

Attorneys Know Local Estate Planning Laws

Even if you have a fair amount of legal background, it can be difficult to understand the nuances of your local estate planning laws. Though the overall picture of estate planning looks the same nationwide, each individual state will vary in the details.

Some states have special requirements about what can and can’t be in a will or trust. Others require certain formalities during the signing of any of these documents. Some even require personal representatives to be related to you by blood or marriage.

In addition, an attorney’s job is to stay on top of the ever-changing legal environment of estate planning. The federal and state governments and courts make small but constant changes to the details of the law, making it hard for a layperson to know the latest requirements.

This is why it’s critical to partner with a team of estate planning experts who understand the nuances of South Carolina’s estate planning laws.

Templates and Cheap Services Lead to Mistakes

It’s not difficult to find online services that offer help to anyone struggling with DIY estate planning. From free templates to cheap ebooks, you might hope to tackle this project on your own to save money.

However, the small amount that you save now can ultimately cost your family hundreds or thousands in the future. If part or all of your legal documents are found to be invalid, your loved ones may have to partner with an estate planning attorney to remedy your costly mistake.

Professional Estate Planners Save Money, Time, and Energy

As noted in the example above, you may find that estate planning services save your loved ones a great deal of money in the long run. After all, an invalid estate plan—or worse, no estate plan at all—can mean paying for professional fees, taxes, and court costs in the future.

In addition, however, experienced estate planning attorneys may even be able to save you more money. Because they understand the financial implications of your decisions and the nuances of the law, they may be able to find tax and financial benefits that work in your favor.

Beyond financial savings, an estate planner can save you time and energy as well.

Drafting an estate plan can be a complex and headache-inducing task if you aren’t familiar with the process. Even if you have a legal background or an estate planning organizer in hand, struggling through legal nuances can be hard on your own. In addition, researching the minute details of will planning or establishing power of attorney alone can take hours, days, or even weeks.

Worse, it’s difficult to tell if you’ve drafted the plan correctly in the end. The tiniest details of a phrase can undo an estate plan, and the law changes all the time. After all, this is why keeping track of the current legal requirements is a full-time job!

Save yourself time and energy by partnering with a professional who can do the job right in much less time than you’d manage on your own.

A Lawyer Can Plan for Complex Situations

If your current financial situation or family dynamic is complex, it may be even more difficult to draft an estate plan. Here are just a few common situations where a lawyer’s advice can help:

  • You recently went through a divorce or lost your spouse
  • You want to leave some of your estate to charity
  • You own a business
  • You own property in multiple states
  • You have minor children or no children at all
  • You have family members with special needs or specific medical conditions
  • You have a significant amount of money in retirement accounts

In cases like these, you’ll want to make sure an expert drafts a plan to carry out your final wishes. Otherwise, choices about dividing your assets may be left to the state instead.

An Objective Third Party Provides Unbiased Advice

The primary reasons why people seek out a lawyer are for their experience and expertise. However, an estate planning lawyer can be helpful in another significant way: they’re objective.

All of us have an emotional attachment to our property and finances. It’s part of being human. However, our subjective attachments can do us more harm than good in certain situations.

When it comes to estate planning, an attorney can be a great unbiased resource when you need it most. Whether you’re not sure which family member to leave your individual assets to or you struggle with the idea of setting up a medical directive, an attorney can offer helpful insights and advice.

Partner With Our Team of Experts

Ultimately, the decision about estate planning is clear: an attorney can be a great help. From updating your will to establishing a comprehensive estate plan, an expert can make sure your documents protect your property and your loved ones.

Our team has a wealth of experience serving clients throughout the Greenville area, and we’d love to help. Reach out to learn more about our estate planning services, or set up a no-obligation consultation to hear what we can do for you.

Real Estate 101: Should I Get a Real Estate Development Lawyer?

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Deciding to throw your hat into the real estate development ring means you will soon be juggling several things on your to-do list and putting out fires.

Whether you are looking to renovate an existing property or start from scratch and create a unique branding experience, you need help along the way. The process can take years from inception to completion and choosing a great team will lead to financial success.

One vital addition to that team is an experienced real estate development lawyer. Someone who understands not only real estate, but all the legal facets and hurdles involved in business management, permits, and financing.

Read on for signs to know when to get a lawyer for your new endeavor.

What Does It Take to Be in Real Estate Development

Not everyone is cut out to be a real estate developer, but they are the backbone of the commercial and residential market.

Many start their careers as real estate agents. They learn tips and tricks along the way and decide they want to grow and promote their community and their career.

Others fall into this type of work from the construction side of things. With their years of experience, they have trusted architects and resources and decide to journey out on their own.

If you have the drive to excel and a background in real estate, business management, marketing, and finances then you are on the right track.

Here is how a real estate development attorney can help get you started.

The Sale

Real estate development is a little more advanced than simply buying a home.

Acquiring property for both commercial and residential, or a combination, requires knowledge of the market, potential site surveys, and environmental impact studies.

You will also need to go through the due diligence process of the title examination.

There are multiple agencies involved and it is key to have one central contact to organize all the information. As the client, you need your interests protected with sound legal advice.

Plans, Plans, and More Plans

Planning for your real estate development is an intricate step in the future success of this endeavor. There are development plans, site plans, and of course, building plans that all have their specific requirements.

Are you renovating an existing property? Has a market analysis been completed? Are you going to combine residential space with retail space? All the parties involved must be on the same page and an attorney will keep the plans moving in the right direction.

Tax Laws

Tax laws are a legal minefield all its own. There are local, state, and federal guidelines and laws that must be followed. You have enough on your plate without trying to learn all the necessary tax codes.

Let your attorney work with your accountant to sort through all the details and then follow the lawyer’s advice.

Permits

Permits are another potential difficulty to overcome. For a development project, you will need both a land-use permit and a building permit.

The land use permit allows for the actual use of the land for your specific concept design. The approval depends on things like any rezoning issues and resolving conflict with the community residents or other businesses. This permit can be the hardest and take the longest to obtain.

The building permit opens the door for the actual start of construction. In this stage, engineers from the governing jurisdiction in question will review the building plans. They are looking to make sure all safety measures and building codes are up to date.

Your real estate attorney can walk you through all the legal processes in obtaining these permits. They can note potential pitfalls and make sure everything is in order and lines up for speedy approval.

Financing

Your dream project will never leave the planning stage without proper financial backing.

Finding investors or backers may be the easy part, but there are still many lines of fine print to read and spaces to sign. Multiple avenues of financing are used in such a project, and all the details must line up.

It is wise to let your attorney research all financing options. Do not rush through this step and jeopardize the success of the project.

Construction Contracts

Once the permits are signed and the financing is arranged, it is time to start seeing the actual fruit of your labor. It is time to build.

As with any construction project, there will be a contract and agreements. There should be clear direction on the scope of work, responsibilities, and payment. There will likely be delays and changes along the way as well.

Contingencies for modification and timeline must be addressed. All of these should be thoroughly reviewed by your real estate lawyer.

Leasing Agreements

Whether you are building a commercial/retail space, residential, or a mixed space, you will eventually need to draw up leasing agreements unless you are going to sell once completed.

These agreements are a solid base for the ongoing relationship with the development and the tenants. Do yourself a favor and make sure all the bases are covered.

An attorney can help with the correct terminology, current leasing laws, and any special conditions that could be involved in this development. Don’t have any lease signed without oversight and recommendation from your lawyer.

Potential Disputes

From the initial stage of planning to filling the space with tenants, there will be disputes that arise from time to time.

Some can be handled quickly with no legal action. However, unforeseen events may cause a person, or persons, to challenge you and file a lawsuit.

For as much as you know about real estate, you should leave the legal issues and disputes to the attorneys.

If you have secured a real estate development lawyer who has been with you every step of the way, they will be familiar with your vision and also knowledgeable of all your dealings. They will be able to properly and swiftly handle any legal disputes that crop up.

A Trusted Partnership

A successful real estate development strategy requires dedicated teamwork.

One key component of that team is an experienced real estate attorney. From the initial planning stages to tenant management or resale, we will be with you every step of the way.

For more information on how our services can help you fulfill your dream, please reach out.

What Does a Probate Lawyer Do? Here’s What You Need to Know

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What does a probate lawyer do? Unfortunately, there’s no one-size-fits-all answer to this common question.

The true answer depends on what you need help with and where the lawyer would be able to assist you. These types of lawyers are specialized to be able to perform a number of tasks involved with the probate process on your behalf.

We’ve put together this guide to help you understand more about what their role is and why it is important, so make sure you keep reading below to find out more.

What Does a Probate Lawyer Do?

When a person passes away, they leave behind a number of assets, such as their personal belongings, a home, money, etc. Most people appoint an executor of will to be in charge of disbursing these assets to any other beneficiaries.

This process can often be complicated and confusing. That’s where a probate lawyer comes in.

This type of lawyer is well versed in all the probate laws in your state, and their job is to guide the executor of will through the process and help with any difficult steps.

Some of the jobs they might take care of including the following:

  • Appraising the property of the person who passed away
  • Securing all that person’s assets
  • Finding out how much (if any) estate taxes are owed
  • Handling the proceeds from life insurance
  • Filling out any necessary documents

If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues.

What Happens If There Was No Will?

If someone dies without a will, all their assets must be dispersed according to intestacy laws. In other words, the state will distribute the assets—regardless of what the person may have wanted.

For cases like these, you can hire a probate lawyer to help the administrator of the estate (which is kind of like the executor of will) through the process. They may still be able to perform all the same jobs, but they may be limited by the intestacy laws.

This is one of the reasons it’s so important to have a will (even if you’re young and healthy). Otherwise, your assets may not go to the people you want.

When Should You Hire a Probate Lawyer?

The specific process of probate varies depending on the sate. Some states have a simple probate process, so you may be able to get through it on your own.

However, in most cases, it’s better to hire a probate lawyer.

Since they know the probate laws inside and out, a lawyer will be able to guide you through the steps quickly and efficiently. They’ll also be able to take care of troublesome paperwork and ensure you don’t make any mistakes that can turn into bigger problems later.

Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning your loved one who passed away and being with family and friends.

Questions You Should Ask a Probate Lawyer Before Hiring

If you’re getting ready to hire a probate lawyer, you should make sure you get the answers to these questions before you hand over any money. This will ensure you get an experienced lawyer who knows what they’re doing.

“Have You Worked on Cases Similar to Mine?”

Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

“Are There Any Issues I Should Expect With My Case?”

It can be difficult to predict if anything will go wrong during any type of case, but a probate lawyer should be able to review your case and point out any small issues that could turn into more pressing concerns. They should also be able to recommend solutions to help you solve those problems.

“Do I Need to Know About Any Deadlines?”

There may be specific deadlines you need to meet when submitting claims or filling out paperwork. Ask your lawyer about these dates so you know what has to be done by what time.

“How Long Will the Probate Process Take?”

Again, this is a difficult question to answer. Every case takes a different about of time depending on the circumstances. A probate lawyer should be able to give you a rough estimate, however, and they should keep you up to date with everything that happens as it goes on.

“How Much Do You Charge?”

Make sure you understand how much the lawyer charges before you hire them. You should also ask about any other fees you’ll be responsible for so you aren’t surprised by a large bill later.

Don’t focus on the price too much.

You don’t want to hire the cheapest probate lawyer you can find simply because they’re the cheapest. Remember, you get what you pay for. Investing more money into a lawyer that has the right experience is well worth the cost.

Hiring a Probate Lawyer That Can Help You

So, what does a probate lawyer do? In short, they help you through the process of distributing someone’s assets after they pass away.

Not sure where to find good probate lawyers in your area? Our team at De Bruin Law Firm can help you with any of your probate needs.

Don’t hesitate to give us a call today.

Do I Need a Real Estate Attorney? 6 Reasons to Hire One

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So, you are ready to jump into the world of homeownership. You’ve been saving for your down payment. You’re carefully thinking about what’s important to you in the house you choose.

You have a real estate agent who’s been showing houses and you think you’ve found the one. You also have the inspector and the mortgage broker all doing their part in the process to get you into a house.

Now, you’re wondering do I need a real estate attorney, too? What does the real estate attorney do that is different from the other players involved in the process?

And if you’re pinching pennies, you might be wondering do I really need to pay another person to get me into this house?

Read on to learn all about real estate attorneys and the 6 times when it makes lots of sense to hire one.

What Does a Real Estate Attorney Do?

A real estate attorney’s involved in the legal actions connected to real estate. They might get involved as you begin the process of buying a piece of property. The attorney might also become involved if there are disputes connected to the purchase.

There are two types of real estate attorneys.

One type would handle commercial real estate transactions. Often this means they are dealing with construction, development, and zoning related issues.

The other type of real estate attorney will deal with residential real estate. This means they would be involved in the many steps of buying or selling a home.

There is one unique feature of working with a real estate attorney, whether it’s commercial or residential. They do not work for commissions like a real estate agent or mortgage broker might.

Because they don’t have a vested interest in whether a sale goes through or not, they can give sound objective advice to those they represent.

1. When You Must Hire a Real Estate Attorney

You always want to consider hiring a real estate attorney if you’re worried you don’t understand something or you want to make sure the legalities are in place.

There are many states across the US that require a real estate attorney to be present with making a sale of a property. These states include:

  • Alabama
  • Connecticut
  • Delaware
  • District of Columbia
  • Georgia
  • Kansas
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Mississippi
  • New Hampshire
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Vermont
  • Virginia
  • West Virginia

Whether you are buying real estate or selling it, you must have a real estate attorney through the transactions in these states. Of course, it’s a good idea in the states that don’t require it too.

2. Commercial Real Estate Needs for a Real Estate Attorney

Commercial real estate is unique and most people have a pretty limited experience level with it. It can be very costly to buy commercial real estate and it comes with some risk.

For this reason, if you’re involved in buying commercial real estate, it’s a smart idea to get a real estate attorney to guide you through the process.

A lawyer advising you on commercial real estate might help with:

  • Environmental concerns
  • Zoning issues
  • Liens
  • Easements
  • Legal description accuracy
  • Structural conditions
  • Rents derived from the property

If you are purchasing a piece of property that you intend to lease out for long periods of time, you want to make sure you have the right contracts and lease agreement so you are protected.

3.  You’re Represented

This has already been mentioned, but the importance can’t be stated too clearly. Whether you are buying a commercial piece of property or a residential piece of property, the real estate agent is there for you.

Sure, you might really like and trust your real estate agent. But the truth is they don’t make any money if they don’t make a sale.

Your real estate attorney has no vested interest, either way, to make sure the sale goes through. They are just there to make sure the sale is done in a legal manner and that your interests are represented, whether you buy the property or not.

4. Real Estate Contracts and Documents

The real estate attorney’s role is to make sure you are advised and protected and to assure that all documents connected to the sale of the property are done correctly.

They will evaluate the contracts leading up to the sale. Their role will also be to check over the documents that are part of the sale of the property. These documents might include:

  • Property deed
  • Legal descriptions
  • Mortgage loan documents
  • Closing documents
  • Title and the title insurance policy

Any errors in these documents can be costly and can delay the sale of the property.

5. Give Advice on Rights

In a perfect world, you find a great piece of real estate. You make an offer and agree on a price. The paperwork gets done and bam, you are a homeowner.

Of course, buying real estate often comes with more hiccups than that streamlined process.

The property may have issues you need to address. Maybe there is asbestos, lead paint, or even has termites. In some cases, you might decide to walk away and not buy the property.

In other cases, you might change your offer and renegotiate. Your real estate attorney can help with the legalities, especially when there are complications to the sale.

This would also be true if litigation or disputes arise after the sale’s finalized.

6. Financial Documents From the Sale

Finally, the real estate attorney can be responsible for making sure all the financial documents are accurate for the sale. You don’t want to be charged the wrong rate or pay more fees than necessary.

Understanding When Do I Need a Real Estate Attorney

Still, wondering do I need a real estate attorney?

If you are about to buy a piece of real estate it makes sense to have your interests protected by hiring a real estate attorney to guide you and protect your legal interests.

If you are buying real estate and are looking for a real estate attorney, we can help. Contact us today to set up a consultation to go over your needs.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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