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

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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.

Got a DUI? Here are 10 Questions to Ask a DUI Lawyer

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1.6 million people across the United States are disciplined for a DUI every year.

While the circumstances surrounding each of those cases vary, the consequences people face are similarly grave. Steep fines, license suspension, community service time, lengthy jail sentences…

Given those repercussions, which seemingly get more serious every year, being on the wrong side of a DUI is the last place you want to be.

But what if you’re already there? What can you do to get yourself a favorable outcome?

The absolute best thing you can do is to hire DUI lawyers, pick the best one, and fight your case.

There are a lot of DUI lawyers out there and not all of them will handle your case with the same care. To get the best possible defense, we share with you 10 questions you should ask your prospective attorney to determine if they’re the right fit.

1. How Many Years Have You Been a Practicing Attorney?

There’s no denying the value of experience when it comes to picking DUI lawyers. An experienced lawyer will know how to navigate the legal system, how to work out favorable deals, and will know a number of prosecutors and judges who may be working your case.

While every lawyer needs to get their start somewhere, you don’t want their start to be on your DUI case.

The stakes are too high.

2. How Much Experience Do You Have With DUI Cases?

Just because a lawyer has been working for a long time doesn’t mean that they know their way around a DUI case. The legal field is a complex one and each discipline it encompasses requires a unique set of skills you’ll want your attorney to have practice with.

That’s why it’s important to determine whether or not your attorney regularly defends DUI cases or if your case is more of a stretch assignment for their legal expertise.

3. Is There Anything About My Case That Feels Unique?

DUI lawyers you engage might have impressive track records defending their clients. That’s a good thing.

But is there something about your case that might make your results vary?

If there is, chances are your attorney will let you know since the unique factors surrounding your case will likely weigh into their decision on whether or not to take you on as a client. If they make no mention of your case being out of the ordinary, it’s worth asking the question anyway.

4. How Often Do Your Cases Go to Trial?

Many DUI cases are settled outside of court. This is almost always a favorable occurrence for all parties involved.

Understanding what percentage of your prospective lawyer’s cases settle can give you insight into the kinds of deals they’re capable of generating.

5. Would You Be Willing to Take My Case to Trial?

Just because most cases settle with favorable deals doesn’t mean that all cases do. If your case isn’t going right during negotiations, will your lawyer be willing to defend you in court?

What about if you disagree on an offer being presented? Will your lawyer defer to your wishes and defend you during a trial?

These questions are an important part of getting your expectations in the right place.

6. Have You Been Disciplined By The State Bar?

Attorney’s must be accredited by their state’s bar in order to practice. When your attorney commits act’s that are considered out of line with legal standards, they may end up getting disciplined (suspended from practicing, for example) or disbarred by the state altogether.

Ask your attorney if they’ve ever been disciplined by their state. If they have, ask them for what.

Understanding what kind of unprofessional acts your lawyer has committed in the past can help you form a more complete opinion on whether or not to work with them.

7. Who Will Actually Be Handling My Case?

Just because you talk to the head of a law firm during a consultation doesn’t mean that they’re going to get involved in handling your case.

Find out if your case is going to get delegated to a more junior lawyer and, if so, ask about their qualifications and if you can meet them.

8. How Will We Stay in Touch During My Case?

Battling a DUI can be a scary time. That’s why it’s important that you feel comfortable contacting your lawyer and that your lawyer be proactive in keeping you updated on your case.

Try and get a feel for how open the lines of communication will be between you and your lawyer. If they seem open to answering your questions whenever you have some to ask, that’s a good thing.

If they don’t, you’ll want to keep looking.

9. What Should I Expect for Costs?

There’s no doubting the fact that money is a deciding factor when hiring DUI lawyers.

In addition to their rate, DUI lawyers might engage private investigators and other 3rd party help to assist with your case. Those engagements may lead to your legal services tab running up, which could cause financial hardship.

Try to paint as clear a picture of what you can afford for your attorney and have them do the same as far as what they charge.

Neither party should be surprised when it comes to money.

10. What Do You Foresee As the Outcome of My Case?

This is perhaps the most important question you can ask your attorney.

Why?

Because if your attorney’s vision for your case doesn’t align with your expectations, then you know whether or not they’re worth working with.

While you may need to adjust your expectations to the reality of the situation. When you first start interviewing attorneys, see if you can find a credible one that believes in your case.

There’s no point in paying someone to get you a bad result.

Wrapping Up: 10 Questions to Ask DUI Lawyers

If you’re involved in a DUI and are looking for perspective DUI lawyers to interview in South Carolina, look no further than our team at De Bruin Law Firm.

At De Bruin, our team of legal experts has been getting our clients favorable results for their DUI offenses for years.

Let us do the same for you.

Contact us today to schedule your case consultation. You’ll be glad you did!

4 Reasons to Hire a Lawyer for Your Real Estate Closing

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Every year, there are millions of people who try to get around the legal system without any help from a lawyer or an attorney. Most people overestimate the cost of hiring an attorney, so they won’t hire a defense lawyer or even a real estate closing lawyer. However, the complicated gymnastics of buying a home should never be done without the help of a lawyer.

Here are four reasons for hiring a real estate lawyer when it’s time to close your deal.

1. Negotiating On Price

Like most things in life, the price of the house you’re looking at is completely negotiable. Some people think that there’s a limit to how low or how high one party can go in price, but there are few legal limits. The law of the free market is that something is worth as much as someone else is willing to pay.

Once you’ve gotten your home appraised, you’ll start comparing that appraisal price to the sticker price. If it’s been appraised as worth less than the sticker price, you’ll have a tough time getting the seller to budget. In a buyer’s market, the sticker price is less than that appraisal and you get the chance to start bidding.

When it comes time to sign off on a contract, not every homeowner is comfortable asking for a lower price even if they know the home is worth less than the asking price. However, with a lawyer on your side, you have someone you’re paying to do the dirty work.

Not only is your lawyer the ideal person to negotiate, but they’re also going to have a whole set of ideas on why the price should be lower. Your attorney is the one who’ll tell you if you’re making a good investment or not. You’ll know the quality of your purchase after talking to them.

2. Ensure You’re Protected

A real estate lawyer knows where to look for the common mistakes that homeowners make when buying a house. There’s a lot of excitement and emotion tied up with buying a home. If you buy a home based on emotion or with a lot of romantic thoughts behind the concept, you’re going to overlook a lot of potential issues.

At the end of the day, the person that you’re buying the house from isn’t your friend and doesn’t owe you anything. Most people selling their home are merely moving on to another home, taking another job, or building their family. However, there are plenty of homeowners who bit off more than they could chew with a home and are happy to let this problem home become someone else’s issue.

If you rushed through the inspection and bidding process, there’s a good chance you overlooked some major issues. When this is the case, it’s vital to pump the brakes to ensure that you don’t end up signing on for a home that will drive you crazy. A house that’s riddled with problems can upset an entire family.

Your closing lawyer ensures that you’re protected in your purchase and that if there are any issues that the seller tried to hide, they’ll be held responsible. If you end up with a house that has more problems than you can handle, there’s nothing to do if you didn’t hire a lawyer.

3. They’ll Look For Liens

One of the biggest ways to lose out on a property is when there are liens against it. That’s when the owner has taken out loans using the house as their backup or collateral. These liens will lower the value of the home as they’ll be attached to the value of the home, needing to be paid off before the house is yours.

A lawyer is trained to look for debt attached to a property. They’ll search the title and ensure there are no hidden debts with your new home.

An experienced lawyer will do more than just looking for any liens. They’ll write up a contract for you that ensures that you hold no responsibility for liens. If the former owner owes money to someone, that’s on them, not you.

The seller then becomes responsible for all of the hidden debt attached to the home, as they should be. There’s no reason for you to worry about the home you’re excited about being attached to debt and dragged down because of it.

4. They Can Leave You an Out

If you’ve been negotiating a home for weeks, you’ll have a lot of back and forth with the seller. After some time, it becomes too much of a headache for some buyers and they want out.

It doesn’t have to be that there’s something wrong with the property. It could just be that you’re sick of dealing with the seller and want to get away from them. Whether it’s because the inspector found a family of alligators living in the plumbing or that you’re sick of the seller, your attorney can get you out.

Your attorney serves a dual purpose in cases like this. First, your attorney handles all of the annoying conversations and does all the going back and forth for you. Second, they’ll protect you in case you’ve already made a bid, leaving you to go about your life and not have to deal with a frustrated seller.

A Real Estate Closing Lawyer Is Well Worth It

For the small cut that they’ll take at the end, hiring a real estate closing lawyer is worth what you get from them in the end.

A real estate lawyer can not only negotiate a higher price, but also save you from difficult lawsuits by nipping problems in the bud.

Continue to read more: 5 Essential Tasks Of A Real Estate Closing Attorney

4 Reasons Why an Attorney May Recommend Title Insurance

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If you’re wondering why your attorney‘s trying to sell you on owner’s title insurance, you’re in the right place. As many as 5% of homeowners claimed on their title insurance at one time or another, and when they did, they were mighty glad they had the protection!

If you ever have to make this kind of claim, there’s a good chance you’d have to fork out a lot of money to cover your costs. Simply put, the expenses associated with a defected title can be costly, so it’s better to be safe than sorry.

Continue reading to find out more.

What’s Owners Title Insurance?

Before we delve into why you need insurance, we’ll quickly explain what owner’s title insurance is.

When you buy real estate, you’re given the “title” to the land you’ve purchased. This means the owner has a right to possess and use the property.

However, the type of claim you have over property can vary. The most common forms include:

One of the reasons why there are so many kinds of “titles” is because land is used for all sorts of reasons. As such, you can buy the right to use it for a specific purpose.

Therefore, occasionally, someone (other than the apparent owner) may own and have rights to specific aspects associated with the property. Some of these are:

  • Mineral
  • Air
  • Utility

This is where homeowners sometimes find themselves in a pickle and rely on title insurance to bail them out of trouble.

Below are a few more reasons attorneys encourage you to take out this kind of protection.

1. Offers Protection from the Past

Title insurance provides coverage in the unfortunate event a future claim is made over rights to your land. If you suffer subsequent losses due to defects in your title, you can rely on this protection to compensate you.

The fantastic thing about this kind of insurance is that it doesn’t matter if these issues were the result of a byproduct of something that happened long ago.

These risks aren’t always obvious, but they’re usually costly both concerning time and money. This is why title insurance provides homeowners with peace of mind.

2. Protect Yourself from the Following…

When you take out title insurance, you protect yourself from these situations:

  • Fraud: namely, a false transfer in ownership rights
  • Accidental errors (either manual or electronic) in recording and filing documents affecting the state of your title
  • Unreported liens registered against the property
  • Easements associated with the property
  • Other title defects existing before you took out your policy

Although the number of claims made and paid to policyholders is relatively small, the indefinite nature of land ownership means there are plenty of situations (no matter how rarely they occur) where title insurance saves you hundreds, if not thousands of dollars in legal expenses.

This is especially true if you’re purchasing a foreclosed property. These kinds of properties rapidly increase the likelihood of dealing with a defective title.

In the most severe cases, your insurance could even compensate you for the forfeiture of your property.

3. It’s Not as Expensive as You Think

Two primary factors determine the price of title insurance:

  1. The location of your property
  2. The cost of your mortgage

However, out of the two, the state where your property’s located is usually the main factor impacting the rate. Individual states hold insurance providers accountable to different regulatory standards.

The stricter the regulations, the more expensive the insurance. This is because, typically, more work is undertaken by the insurer before they’re able to provide customers with a policy.

For example, insurers may be required by law to verify the history of your title. Tasks like this take a lot of time and energy to carry out.

In general, owner’s title insurance will set you back anywhere between $700 to $2,000.

Are There Other Factors That Drive the Cost of Insurance?

In short, yes.

Other financial matters such as making a smaller down payment on the property and having a lower credit score might increase the rate of your title insurance.

All in all, you might save a hefty amount on your upfront costs by refusing to take out title insurance. But, you need to put this expense into perspective.

These policies usually never expire. So, for the cost, they’re worth their weight in gold. This kind of coverage can protect you from thousands of dollars worth of trouble, even if complications arise years after you’ve bought the property.

4. An Extensive Title Search

As we’ve just mentioned, title insurance providers sometimes conduct extensive title searches on the property.

Even if a state doesn’t demand insurers to conduct these searches, they may do so anyway. A good quality provider should offer this service. Our best advice is to contact them directly to find out specifics.

A thorough title search minimizes the likelihood of a property owner having any future issues in the first place. Then, in the unfortunate event, you still have trouble, you’ll have the coverage to fall back on. It’s a win-win!

Do You Have More Questions?

If you found this feature on owner’s title insurance interesting, then we’re confident you’ll enjoy the other pieces published on our real estate blog. We discuss everything from the role a power of attorney has to reasons you need a lawyer to complete commercial real estate transactions.

Alternatively, if you have any questions about real estate, organizing your estate, or business law, please feel free to reach out and contact us. One of our team members will happily get back to you with a helpful response as soon as they can.

4 Important Questions to Ask Before Making a Living Will

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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

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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.

Aaron De Bruin Of De Bruin Law Firm Wins Felony Criminal Case In Oconee County

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FOR IMMEDIATE RELEASE

(Greenville, SC)—De Bruin Law Firm is pleased to announce yet another success story for one of their clients. On October 18th, 2018, attorney Aaron De Bruin won a felony criminal case in which a man faced a possible sentence of life without parole. De Bruin’s client was found not guilty by jury trial, with charges including kidnapping and burglary in the 1st degree.

“Though our client was facing some pretty serious charges, we were convinced from the very start that he never entered the home where he was accused of committing the crimes,” said Criminal Defense Attorney Aaron De Bruin. “We are beyond proud of this legal team for their diligent work in preparing an impeccable case. Our team could not be more pleased with the outcome of the case and thankful to the jury for their careful deliberation and well-supported decision.”

Practicing law since 2008, Attorney Aaron De Bruin is a former prosecutor for the United States Marine Corps. Having handled a broad spectrum of criminal cases over the course of his career, Attorney De Bruin developed a keen ability to anticipate the tactics of law enforcement officers and prosecutors. His extensive courtroom experience has prepared him to aggressively pursue justice on behalf of his clients as he takes trial cases head on.

Attorney De Bruin went on to say, “The De Bruin Law Firm team is honored to have played a role in this case. There’s no better feeling in the world than being able to see this client walk away a free man and get back to his family after being acquitted of these charges. Whether they need a DUI lawyer to advocate on their behalf or are facing a long sentence for felony charges, we look forward to doing everything we can to ensure every single one of our clients gets the outcome they deserve.”

Visit debruinlawfirm.com to learn more about the De Bruin Law Firm and how their attorneys work to help those facing criminal charges obtain the best possible outcome in their case.

About the De Bruin Law Firm:

The De Bruin Law Firm is a full-service law firm dedicated to serving its clients in a multitude of legal issues, including business law, estate planning, real estate, civil litigation, and criminal law. In 2013, Aaron De Bruin entered into private practice in Greenville, South Carolina. Since then, the goal of the Firm’s Greenville Attorneys in serving their clients is to provide the information and confidence needed to navigate the legal system while advocating for their interests.

Media Contact:
Aaron De Bruin
Greenville, SC 29609
Telephone: (864) 982-5930
Email: info@debruinlawfirm.com
Website: https://debruinlawfirm.com/

What Is Covered Under the South Carolina Lemon Law?

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With most car owners prefer to buy a new car whenever they can afford it, some companies are even starting to offer subscription services to buyers.

But just because you’re getting a new car doesn’t mean that you’re not potentially subject to buying a lemon. If you don’t know South Carolina’s lemon law, you should learn how it could protect you in case you get stuck with one.

Here’s a break down of what you can expect.

Get to Know What “New” Means Under the Lemon Law

South Carolina has a lemon law that only applies to new cars. This is bad news for used car buyers who feel they might have gotten ripped off on a used car that fell apart as soon as they drove away. However, the term “new” has a very strict definition.

The car that you buy must have been bought directly from the manufacturer by the dealer in order for it to be considered new. If it had been driven outside of simple test drives in the area, it’s not considered new. One thing that will seriously dampen the case of the car being considered new is if the title had ever been issued.

The idea of a “lemon” also has a very specific meaning as well. A “lemon” isn’t just a car that you don’t like or that doesn’t drive the way you expected it to. It’s a car that has defects.

When you establish trust with your car dealer, you hopefully won’t have to worry about buying a lemon.

If you bought a new car, it’s covered under South Carolina’s lemon law so long as any defect you found was within a year or 12,000 miles on the road. If the problem causes difficulty with the vehicle’s use, impedes the safety mechanism, or lowers the market value, you could be covered. If you brought it up to the manufacturer and they’ve kept you waiting an unreasonable amount of time, that could be covered too.

So You’ve Bought a New Lemon

If you’ve decided that you’re sitting with a new car that could be a lemon, you need to first check that you’re still under warranty. If the warranty hasn’t expired yet, call the manufacturer to see what they can do. It might be tempting to just call the dealer but for legal protection, notify the manufacturer in writing.

First, the manufacturer has a legal obligation to you. They’re required by the law to fix your vehicle within a reasonable window of time at no cost to you.

You need to know what the terms are for “a reasonable time”. It means that if your car sits in the shop for 30 days with no one working on it, they’ve run out of time. If they’ve attempted to make the repair but have failed three different times, that’s considered beyond “reasonable” as well.

Know your rights and don’t be afraid to hold manufacturers liable to the letter of the law.

What to Do If You’re Beyond a Reasonable Time

IF your repairs seem to be dragging on and on, leaving you for more than 30 days without a running vehicle, your manufacturer has a few choices. They can replace your vehicle or offer you one comparable to get you back on the road. They could also just refund your money.

When they refund you, they would have to refund any taxes or registration fees you’ve paid for the car. If you’ve paid any finance charges, the manufacturer would be responsible for refunding that as well.

If there is any kind of arbitration that the manufacturer wants to go through, you’re required to take part in by law. You’re not required to pay for it, however. If any decisions get made, those decisions are binding to the manufacturer but not to you.

If settlement solves the issues, you’re able to just walk away and not have to deal with that lemon any further. You’re always welcome to take that money and buy another car from another dealership or get another car from that manufacturer.

If you don’t feel satisfied with the outcome of your arbitration, that’s when you’d file a lawsuit.

Get to Know State Protections

There are laws that protect both new and used car owners that you should be aware of. These laws are general consumer protection rules that can help you in case you’re taken advantage of by sellers.

Under consumer laws in South Carolina, you’re allowed to file a lawsuit against a dealer who you think has knowingly or not sold you a lemon. If there are deceptive practices at play or if they treated you unfairly, the Unfair Trade Practices Act can recover damages. You can actually get three times the amount you spent in damages and legal fees as a reward.

Beware Unfair Trade Practices

There are some pretty standard and simple practices that are prohibited in South Carolina. If a car seller inaccurately describes any kind of product or service, they’re in violation of the law. If they make any false offers of a gift or any kind of prize for buying at a certain price or tell you about a prize offer, it must be legitimate.

If they skirt any of the standards of manufacturing written into South Carolina state law, they’ll be held responsible. If they then give you a confusing pricing scheme that they refuse to explain, that’s considered an unfair trade practice.

The South Carolina Lemon Law Puts Consumers First

When you first hear about the South Carolina Lemon Law, you might be surprised to find out how heavily it favors the car owner. Thankfully for you, there are fantastic protections for consumers available in South Carolina. You won’t have to worry about buying a lemon when you buy from a reputable dealer.

Once you’re on the road, follow our guide to staying out of trouble, even when you’ve made a mistake.

Aaron De Bruin Named to Greenville’s Legal Elite

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Aaron De Bruin Selected As One of Greenville’s Elite Attorneys for Estate Planning and Tax Law

Congratulations attorney Aaron De Bruin of the De Bruin Law Firm was named by Greenville Business Magazine as one of Greenville’s elite attorneys for Estate Planning.

“Winning any award is an honor, but winning this award makes me feel very undeserving,” Aaron says, “It’s humbling to be awarded a title by your peers.”

In his work in estate planning, Aaron assists clients throughout South Carolina who need wills and trusts. Estate planning primarily entails protecting your assets upon your death and making sure they are distributed according to your wishes. Estate plans are essential to taking care of your family after you die.

A will is anything that goes through the probate process, whereas a trust can avoid probate by assigning an asset to the trust, eliminating the need for probate. Trusts are protected against creditors and government agencies, and can be used as a shield for family members to maintain eligibility in government programs.

Aaron primarily focuses his practice in the areas of  Estate Planning, Probate and Criminal Defense at De Bruin Law Firm. Located just off Wade Hampton Boulevard at 16 Wellington Ave,  near the new NorthPointe Develpment Project  in Greenville, South Carolina.

De Bruin Law Firm: A Family Centered Law Firm

Aaron began his legal career in the Marines as a judge advocate, helping deploying marines and their families set up estate plans. From here, he began his career as a prosecutor and eventually transitioned into private practice with his father Gary De Bruin and his brother Bryan De Bruin at De Bruin Law Firm. Aaron can be contacted at 864-982-5930 or my visiting the De Bruin Law Firm website at DeBruinLawFirm.com.

Common Estate Planning Questions:

The attorneys at the De Bruin Law Firm understand that estate matters are emotional and stressful. We are available to provide objective advice and guidance to our clients. To schedule a free consultation, call 864-982-5930 or use the link below.

ESTATE PLANNING LAW SERVICES

If you have a legal matter related to Estate Planning, Business Law, or a Real Estate Transaction contact our office to speak to one of our attorneys.

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Estate Planning and Criminal Defense

Aaron De Bruin, Esq.

Estate Planning and Business Law

Gary De Bruin, Esq.

De Bruin Law Firm

Helping you plan. Helping you prepare. Helping you Protect.

The attorneys at the De Bruin Law Firm understand that Estate Matters can be difficult to understand and plan for. We are available to provide our clients advice and guidance during the Estate Planning Process. To view common fees associated with an Estate Plan please call us at 864-982-5930 or use the link below to view some of our common Estate Planning Fees.

 

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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