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Tag Archive for: Estate Attorney

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

September 10, 2018/in Estate Planning

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

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

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

1. They Know the Laws

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

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

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

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

2. It Gives You Control Over Your Properties

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

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

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

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

3. They Understand Complex Financial Issues

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

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

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

4. It Helps You Plan for The Unexpected

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

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

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

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

5. Avoid Paying Probate Costs

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

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

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

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

6. It Will Protect You In Case of an Incapacity

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

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

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

7. Your Family Will Be Protected

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

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

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

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

8. Your Family Is Growing

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

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

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

9. What is The Size of the Estate?

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

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

10. Someone to Help You Plan No Matter the Stage

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

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

Do You Need an Estate Attorney: The Bottom Line

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

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

https://debruinlawfirm.com/wp-content/uploads/2019/11/Image_1-copy-2.jpeg 1025 1538 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2018-09-10 10:01:332019-11-16 20:03:44Writing a Will? 10 Reasons You Need an Estate Attorney to Draft Your Estate Plan

South Carolina Probate Process Part 1

March 14, 2017/in Estate Planning

When an individual dies, typically, at least some of the property that individual owned will be subject to probate. This means that the property must go through a formal probate process to be distributed according to the individual’s will. Even if the individual did not have a will, that individual’s property may still pass through probate.

Understanding Probate in South Carolina

Probate is the legal process through which a deceased person’s assets are identified, gathered, debts are paid, and the remaining property is distributed to their heirs or beneficiaries. It is a necessary step to ensure the orderly transfer of wealth and to validate the will, if one exists. In South Carolina, like many other states, the probate court oversees this process, ensuring that the deceased’s wishes are honored and that all legal requirements are met. While the concept might seem straightforward, the actual process can be complex, involving numerous legal procedures and strict timelines. 

What Property is Subject to Probate in South Carolina?

In South Carolina, a wide array of assets can be subject to probate. This typically includes any property owned solely by the deceased at the time of their death that does not have a designated beneficiary or a joint owner with rights of survivorship. 

Common examples include: 

  • Land, houses, and other real estate held in the individual’s name alone.
  • Vehicles, such as cars, boats, and motorcycles, also fall under this category if they were solely owned.
  • Personal effects, like antiques, jewelry, art, and other valuable collectibles, are also part of the probate estate.
  • Financial assets are frequently subject to probate, including stocks, bonds, mutual funds, and bank accounts (checking, savings, CDs) that do not have “payable on death” (POD) or “transfer on death” (TOD) designations or joint ownership.

 

Unless all of the individual’s property was meticulously placed into a revocable living trust, or otherwise structured to avoid probate, the estate will almost certainly need to go through the probate process to legally transfer ownership to the rightful heirs.

What Property Is Exempt from Probate?

While many assets are subject to probate, it’s equally important to understand what property is typically exempt from this process. Assets that pass directly to a named beneficiary or joint owner generally bypass probate. This includes life insurance policies and retirement accounts (like 401(k)s, IRAs) where a beneficiary has been explicitly named. 

Upon the death of the account holder, these funds are paid directly to the designated individual without court intervention. Similarly, property held in joint tenancy with right of survivorship, such as a joint bank account or real estate owned by two or more people where the surviving owner automatically inherits the deceased’s share, avoids probate. 

Assets held within a properly funded revocable living trust are also exempt because the trust, not the individual, legally owns the assets. These non-probate assets can significantly streamline the estate settlement process and provide immediate access to funds for surviving family members, highlighting the importance of proper estate planning.

What is the Role of the Executor in South Carolina?

The executor plays a pivotal role in the probate process, acting as the personal representative of the deceased’s estate. This individual is typically named in the will, but if no executor is designated or if the named executor is unable or unwilling to serve, the probate court may appoint one. 

The executor’s responsibilities are extensive and legally binding, requiring diligence and careful attention to detail. Their primary duty is to ensure that the deceased’s final wishes, as expressed in their will, are carried out, or if there is no will, that the estate is distributed according to South Carolina’s intestacy laws. This role involves significant legal and financial responsibilities, making it crucial for the chosen individual to be trustworthy and capable of managing complex administrative tasks. The executor is accountable to the court and the beneficiaries, and any missteps can lead to legal complications.

Initial Steps for the Executor

The first crucial step for the individual named as executor is to meet with the clerk of the probate court in the county where the deceased resided. This initial meeting formally begins the probate process. During this meeting, the executor must present several vital documents. An original copy of the deceased’s will, if one exists, is paramount, as it outlines the deceased’s wishes regarding their property distribution. 

The death certificate is also a mandatory document, serving as official proof of death. Additionally, the executor must provide comprehensive contact information for all known relatives and heirs, as they are interested parties in the estate and must be notified of the probate proceedings. This initial filing allows the court to formally recognize the executor’s authority and initiate the legal framework for administering the estate. Without these foundational documents, the probate process cannot proceed.

Safeguarding Estate Assets in South Carolina

Once the court has officially appointed the executor, a critical responsibility is to ensure that all of the assets within the estate are identified, noted, and meticulously safeguarded. This step is vital to prevent loss, theft, or unauthorized access to the deceased’s property during the probate period. 

For instance, if the estate includes multiple bank accounts, the executor must take immediate steps to ensure that no unauthorized withdrawals are made from these accounts until the probate process is complete and the assets can be legally distributed. This might involve notifying financial institutions of the account holder’s death and requesting that the accounts be frozen or transferred into an estate account. 

Similarly, physical assets like real estate, vehicles, and valuable personal property must be secured. This could mean changing locks on properties, ensuring vehicles are stored safely, and inventorying valuable items to prevent their disappearance. The executor is legally obligated to protect the estate’s value for the benefit of the heirs and creditors.

Locating All Assets

One of the most challenging tasks for an executor can be locating all of the deceased’s assets. If the deceased maintained thorough and organized records, the executor is indeed fortunate, as these records may clearly list all accounts, investments, and pieces of property owned. However, this is often not the case. 

A good starting point when records are scarce is to obtain a credit report for the deceased. This report can reveal open bank accounts, lines of credit, credit cards, and other financial relationships that might indicate hidden assets. Next, a careful review of the deceased’s past tax returns can be highly illuminating. Tax returns often show receipts of interest, capital gains from investments, dividends from stocks, rental income, or business income, all of which can point to specific financial accounts or properties. 

If, after these steps, there is still uncertainty about whether all assets have been located, or if the estate is particularly complex, hiring a private investigator may be a necessary measure to conduct a more thorough and comprehensive search. This can uncover assets that were not immediately apparent from standard financial documents.

Unclaimed Property Search in South Carolina

Beyond personal records and financial statements, South Carolina offers an additional valuable resource for locating potential assets: the “Unclaimed Property Search” available on the state treasurer’s website (www.treasurer.sc.gov). This program serves as a central repository for funds and property that companies or other agencies have been unable to return to their rightful owners. 

This can include forgotten bank accounts, uncashed checks, dormant safe deposit box contents, utility deposits, insurance proceeds, and even stock dividends. When these entities cannot locate the owner, they are legally required to report and remit the unclaimed property to the state’s unclaimed property program. It is a straightforward process to conduct a search on the website using the deceased’s name, and it is a crucial step for any executor to perform, as it can uncover significant assets that might otherwise remain undiscovered and undistributed to the heirs.

Identifying Debts and Liabilities

Just as important as locating assets is the executor’s responsibility to identify any debts or liabilities the deceased had at the time of death. This can be equally, if not more, difficult than finding assets, as creditors may not be immediately known. South Carolina law provides a specific procedure for notifying potential creditors. 

The executor is required to publish a notice in a local newspaper once a week for three consecutive weeks, formally announcing the death and inviting creditors to file claims against the estate. If the executor is already aware of specific creditors, such as mortgage lenders, credit card companies, or medical providers, they may also send direct written notices to these debtors. 

Creditors who receive direct notice have 60 days from the date they receive the notice to file a formal claim with the estate. For creditors unknown to the executor, or those who did not receive direct notice, they have a longer period of 8 months from the date of the first newspaper publication to file their claims. This structured notification process ensures that all legitimate debts are identified before assets are distributed.

Valuing Estate Assets

Once all assets have been located, the executor is responsible for determining their fair market value as of the date of the deceased’s death. This valuation is crucial for several reasons: it helps in calculating any potential estate taxes, ensures equitable distribution among heirs, and provides a clear accounting for the probate court. 

Different types of assets require different valuation methods. For real estate, a professional appraisal is typically necessary to determine its market value. Stocks and bonds are valued based on their trading prices on the date of death or an alternative valuation date if elected. Bank accounts are straightforward, reflecting the balance on the date of death. Personal property, especially valuable items like antiques, jewelry, or collectibles, may require appraisals from specialists. Accurately valuing all assets is a significant undertaking that ensures transparency and compliance with legal and tax requirements throughout the probate process.

Paying Debts and Taxes in South Carolina

After all assets have been identified and valued, and all legitimate claims from creditors have been received and verified, the executor’s next critical duty is to pay all outstanding debts and taxes of the deceased. This step must be handled with extreme care, as there is a specific order of priority for payments under South Carolina law. 

Generally, administrative expenses of the estate (like court fees, attorney fees, and executor commissions) are paid first, followed by funeral expenses, then certain government claims (like taxes), and finally, other secured and unsecured debts. It is imperative that all legitimate debts are satisfied before any distributions are made to beneficiaries, as the executor can be held personally liable if assets are distributed prematurely and then debts cannot be paid. 

This phase also involves addressing any federal estate taxes (though most estates do not meet the federal threshold) and the deceased’s final income taxes. Proper accounting and record-keeping during this stage are essential for a smooth probate closing.

Distribution of Assets in SC

With all debts and taxes paid, the executor can finally proceed with the distribution of the remaining assets to the rightful heirs or beneficiaries. If the deceased left a valid will, the executor must strictly adhere to its instructions, distributing specific bequests to named individuals and dividing the residuary estate as directed. If there is no will, the estate is distributed according to South Carolina’s laws of intestacy. 

These laws dictate how property is divided among surviving spouses, children, parents, and other relatives based on a predetermined hierarchy. The executor will prepare a final accounting, detailing all assets, income, expenses, and proposed distributions. This accounting is typically presented to the court and to the beneficiaries for approval. Once approved, the executor will transfer ownership of assets, such as deeding real estate, transferring stock certificates, and distributing cash, formally concluding the distribution phase.

Closing the Estate

The final stage of the probate process is closing the estate. Once all assets have been collected, all debts and taxes paid, and all distributions made to beneficiaries, the executor must file a final accounting with the probate court. This accounting provides a comprehensive summary of all financial transactions that occurred during the administration of the estate, demonstrating that the executor has fulfilled all their duties according to the law and the will (if applicable). 

The court will review this final accounting to ensure everything is in order. Upon approval, the executor will typically be formally discharged from their duties, releasing them from further responsibility for the estate. This official closing signifies the completion of the probate process, allowing the estate to be fully settled and all legal obligations to be met.

If you need assistance with the probate process, contact our attorneys

At the De Bruin Law Firm, our estate attorneys understand how difficult it is to manage an estate while grieving the loss of a loved one. We are here to provide the guidance you need through each step of the probate process.

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.

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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.

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What Are Nonprobate Assets?

December 28, 2016/in Estate Planning

Whether you are planning your estate or you are the executor of someone else’s estate, it is crucial that you understand the difference between probate and nonprobate assets. Nonprobate assets are essentially assets that do not have to go through probate upon the death of the estate owner. This term often confuses people, but it is actually rather simple. These assets are those that immediately transfer at the time of death, and are not an asset of the estate. Common nonprobate assets include:

Life Insurance

If there is a beneficiary listed properly on the life insurance policy, the proceeds will not go through the probate, but will go directly to the beneficiary. Life insurance is a wise decision if you have dependents who rely on your income, because they will receive the money from the policy quicker. However, you must make sure that the beneficiary designations are always accurate, or the proceeds will automatically go to the estate, and will be subject to taxes, creditors, and probate fees.

Retirement Accounts

If you name a beneficiary to your retirement account, they are automatically entitled to the account’s assets at the time of your death. Just like life insurance, however, you must make sure that your beneficiary is accurate, or they face the same dilemma. Be sure to consider your retirement accounts when discussing your assets with your estate planning attorney.

Payable On Death (POD) Accounts

Transferring most of your money to a POD account is a good strategy for ensuring your family receives the funds as soon as possible without being subject to extra fees. However, it is wise to still make sure your estate has some cash to cover funeral costs and other expenses.

Jointly Held Property

If you own property that is jointly held, you can set up your estate so that after your death, the interest is automatically given to the other owner (or owners). This is an advantageous if you have jointly held property with a spouse or one of your children, but it can be tricky with divorces or multiple children, so be sure to consult with a real estate attorney about this issue.

Trust Assets

If your assets are transferred to a trust before your death, it is a nonprobate asset. This is because assets in a trust are controlled by the trust, not the recently deceased, and therefore, do not need probate.

Given the difference between probate and nonprobate assets, it is clear that it is important to regularly estate plan to ensure that after you pass, your family will have access to the funds they need. Keep your affairs in order by regularly updating your will to accommodate any major life changes, including an employment change, a divorce, the birth of a child, the death of a beneficiary, and the purchase of property. When you need an estate planning lawyer in South Carolina, The De Bruin Law Firm has estate planning lawyers who may be able to help. Contact us today.

https://debruinlawfirm.com/wp-content/uploads/2019/11/Image_1-1.jpeg 1025 1538 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2016-12-28 06:37:042019-12-23 13:16:51What Are Nonprobate Assets?

Importance Of Discussing Inheritance With Your Children

September 28, 2016/in Estate Planning

You may not have discussed inheritance with your children yet, but it is an important conversation to have. Most families prefer to avoid conversations about this issue because it requires acknowledging the inevitability of death. However, by discussing these issues now, you can save your children conflict and distress after you have passed. Here are some of the reasons why it’s pertinent for you to have the uncomfortable conversation now.

Minimize Chances Of Will Contest

Communicating the details of your inheritances now will inform your children about your intentions and avoid surprises down the line. If you don’t have the conversation, you run the risk of your child becoming livid and contesting the will after your death. For example, there are cases in which it makes sense to distribute more inheritance to one child than the other for tax reasons. This can create obvious issues if your children don’t have an understanding of your motivations. Ensure that your will distributes your inheritances with minimal conflict by discussing these issues now.

Respect Everyone’s Wishes

Additionally, having these discussions ensures that your decisions respects your wishes as well as your loved ones’. This will help avoid unpleasant surprises after your passing, and ensure that everyone is comfortable. For example, your will also dictates the power of attorney and executor roles. By having this conversation now, you can ensure that whoever you wish to name can take on the role should it be necessary.

Address Any Issues Now

Additionally, when you discuss inheritances and your will with your children, you can determine if there any other issues that may arise that may prevent your assets from being properly distributed. For example, let’s say there is money in a joint bank account shared by a parent and one child. If that money is intended to go to another child, it must be transferred from the joint account into a trust; otherwise, the money automatically goes to the child who is on the joint bank account. Addressing these issues now ensures that your plans go as intended.

Discussing inheritance now will save your children distress in the future. Having a proper will in place will help as well. Without a valid will, your inheritance is at the mercy of South Carolina inheritance laws, which may not match your wishes. If you need an estate planning attorney to help you navigate this process, The De Bruin Law Firm may be able to help you. We have experience in estate planning, and care about ensuring that your wishes are met. Contact us today.

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5 Key Benefits To Establishing Trusts

May 28, 2016/in Estate Planning

Most people grow up hearing about trust fund babies or thinking that a trust is only for individuals who are rich. This is simply not the case. Establishing trusts can benefit many different people during life and after passing. The way a trust is established can provide many positive features that aren’t involved in a regular estate inheritance. Working with an estate attorney can help you to decide which estate planning options are best for you. Consider these six benefits to establishing a trust with your finances for now or later on.

Avoid Probate

First, what is probate? Probate is a process by which a judge rules on the validity of a will. This means that after a person passes, a will can be contested. Unlike a will, a trust is less likely to be contested. Therefore, expensive legal fees and delays in the execution of the estate can be avoided. This allows you to make changes and amendments to your estate trust when you’re alive, but after passing the trust acts as a will and allows the trustee to execute final wishes while bypassing the probate courts.

Regulated Distribution

There are sometimes concerns about how an individual may utilize inherited finances. The way in which regulations can be set with a trust may be beneficial. As a grantor of a trust, there can be regulations where the money is distributed in even, small increments, or it may have restrictions based on age or any number of factors. This may put your mind at ease on how the beneficiaries use the money for years to come.

Charitable Trusts

Not everyone who works with an estate attorney or establishes a trust has children as the beneficiaries. In fact, charitable trusts are a great use for individuals who don’t wish their financial assets to go to distinct individuals. Charitable trusts allow grantors to have set money designated towards a charity of choosing during the life of the trust. These, again, can be distributed after passing in one lump sum, or the trust can exist like a living trust that distributes money in a regulated manner.

Taxes

In addition to avoiding probate, trusts help reduce tax liability when money is transferred from the grantor to the beneficiaries or trustee. Assets placed into a trust a less likely to incur taxes. There are specific restrictions and rules that apply to what is taxable and nontaxable with a trust. According to HowStuffWorks.com, “A trust can provide a way to avoid or reduce estate taxes because assets and property placed into a trust are not subject to these taxes. For example, with a children’s trust, a grantor can make tax-free monetary gifts from an estate to children or grandchildren” up to the annual exclusion amount.

Privacy

A unique benefit of established trust funds is privacy. The probate process is fully open to the public. However, when individuals choose to bypass the probate process with a trust, the passing of assets can remain private. This means that beneficiaries will not receive public scrutiny or company scrutiny. In fact, assets can remain private even among family members, reducing fighting and remain contest-resistant.

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5 Common Mistakes To Avoid When Planning For Your Family’s Future

April 28, 2016/in Estate Planning

In their twenties and thirties, the last thing most people are thinking about are what will happen to their assets after they pass away. However, it’s never too early to think about estate planning, even if you don’t feel like you have much of an estate to plan at this point. Unfortunately, there’s a lot of confusion over how to properly execute estate planning as well as tactics that can help your estate save money over the long term. At De Bruin Law Firm, we understand how instrumental an estate planning attorney can be to the security of your family, and we strive to handle each case with a personal touch. To that end, we’ve gathered up some of the most common mistakes that people make when they try to execute this legal process on their own.

Not Knowing The Difference Between An Estate Plan And A Will

Lots of people know that they should have a last will and testament to ensure their wishes are carried out after they pass away. Not everyone realizes a will is only one part of the puzzle. While both are estate planning devices, they serve very different functions when it comes to your family’s future. Basically, a will is one element of a complete estate plan. Other essential elements include a power of attorney, an advanced directive, and, for some people, trusts that will benefit children, grandchildren, a favorite charity, or even a family pet in the future.

Not Planning For Disability

Even those who are familiar with the elements of a good estate plan can become hyper-focused on structuring this plan to be executed after their death. There are other reasons to have an estate plan in place, however, included unexpected disability. Physical limitations that make it impossible to work, care for your family, or take care of your property also leave your estate at risk.

Not Giving Enough Money Away

While it’s important to make good investments so that your wealth is secure for your dependents in the future, waiting until you’ve passed away isn’t always the best way to bequeath it. According to the Internal Revenue Code, gifts up to $13,000 a year per spouse may be excluded from estate tax. This has two benefits, a) you avoid giving your hard earned income to the government and b) you are able to see the benefits of your gift in the lives of individuals you gift to while you’re still alive.

Not Choosing The Right Person To Manage Your Estate

As we mentioned previously, a comprehensive estate plan includes several different types of documentation, including your selection for power of attorney. This position should only be awarded to a person that you can trust to act in your best interests in the event that you’re disabled or pass away. This person should be provided with as much information as possible about your wishes so that they can execute your will accurately.

Not Enlisting The Services Of An Estate Planning Attorney

As you can see, estate planning isn’t a chore that should be taken lightly. It has powerful implications for yourself, should you be disabled, as well as your family and causes you care about. The best way to make sure you’ve constructed a comprehensive plan for your future is to consult with a qualified estate planning attorney.

De Bruin Law Firm has been helping South Carolina families secure their future for many years. Don’t make these mistakes! Contact us for a consultation today.

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