Tag Archive for: Estate Planning Attorney

AI Still Makes Things Up: Why Professionals Must Remain the Experts

April 30, 2025/in Business Law, Criminal Law, Estate Planning, Real Estate Law, Resources

Artificial intelligence is a powerful tool, a great staring point to starting a project or an article for social media, but we must remember that it isn’t infallible. We should still check to see if the information it provides is reliable.

A recent legal research experience reminded me that diligence and human judgment remain essential in the age of AI.

I recently used artificial intelligence to assist with legal research. I was working on a matter involving South Carolina property law and asked the AI to identify case law about the possibility of changing ownership from Tenants in Common to Joint Tenants with Rights of Survivorship, post death of the parties, if the deed, when signed, was signed with a misunderstanding as to type of ownership. The AI returned what looked like a legitimate and useful citation: Durham v. Blackard, 255 S.C. 202, 177 S.E.2d 601 (1970).

It even provided a case summary: (This portion is from my conversation with the chatbot)

I took out the parts where I ask it nicely to perform a function. My wife likes to make fun of me for saying please and thank you to the AI. I tell myself, politeness doesn’t cost anything, but in reality, when the AI takes over the world and comes for us, I know it’s going after the rude ones first.

“Facts: Parties sought reformation of a deed due to mutual mistake.

Holding: Reformation was allowed only upon clear and convincing evidence that the deed failed to reflect the parties’ true intent.”

Unfortunately, the case didn’t exist. There is a Durham v. Blackard, but it’s a 1993 decision involving fraudulent conveyance under the Statute of Elizabeth. It has nothing to do with mutual mistake at the time of signing the deed.

I brought up the fake case and the made-up content to the AI and it gave me another case. Creekmore v. Redick, 246 S.C. 423, 143 S.E.2d 251 (1965). The summary it produced sounded plausible and relevant, claiming the case dealt with a mistaken property description and supported deed reformation.

But once again, I could not locate any such case in South Carolina’s reported decisions. The case was simply fabricated, citation, summary, and all. Here is the AI’s response when I once again informed it that it made up a case.

“Apologies for the earlier citation errors. Upon further review, I found that the case Creekmore v. Redick does not exist in South Carolina case law. I regret any confusion caused by these inaccuracies.”

This experience underscores a reality that many professionals are beginning to discover: AI can still make things up. It will confidently produce answers that look right, sound authoritative, and might even contain accurate legal principles, but unless you already know the area well, it can be nearly impossible to spot where the technology fabricates.

This is particularly dangerous in a field like law, where the foundation of our work is truth, precedent, and precision.

Artificial intelligence can be a useful starting point for organizing thoughts, identifying issues, or framing arguments, but be cautious about trusting it to finish the job. It is not a substitute for subject matter expertise.

As professionals, we cannot blindly accept what AI gives us. We must remain vigilant, verify sources, and apply our judgment. We are the subject matter experts, not IT.

10 Common Estate Planning Mistakes and How to Avoid Them

September 16, 2022/in Estate Planning

Every year more than 3.3 million people die in the United States. The death of a loved one can be an incredibly difficult time for their friends and family.

However, a lot of people are surprised by the amount of practical admin involved when a loved one dies. Making a plan for your estate before your death can help to ease this burden for your loved ones. It will also ensure that you can provide them with financial stability after your death.

That said, common estate planning mistakes can make things much more complicated for your loved ones after you die. So it is important to avoid these when creating an estate plan.

Not sure which mistakes to look out for? Then you’re in the right place. Read on to find out ten common estate planning mistakes and how to avoid them.

1. Forgetting to Make an Estate Plan

Only 33% of people in America have a comprehensive estate plan in place for when they die. So if you haven’t put your plan together yet, you’re in good company! Now is a good time to change this.

An estate plan lets you control what happens to your belongings after you die. This might include:

Leaving the family home to your spouse
Creating financial trusts for your children
Making charitable donations
Outlining who will be in charge of your business after you die

If you do not have an estate plan in place, this leaves room for a lot of legal disputes after your death. While family (and particularly spouses) usually take legal priority, others can dispute this. This could make life very hard and uncertain for the loved ones that you leave behind.

Fortunately, you can stop this from happening – even a basic estate plan is better than no plan at all. Your loved ones will be able to use this as evidence of your wishes. So make sure you get this down in writing and have it witnessed by a legal professional.

2. Not Updating Your Estate Plans Regularly

A lot of people make their first will when they take out life insurance, start making money, or have their first child. However, life can change a lot so it is important to update your will regularly.

For example, you may:

Have acquired different types of assets, such as a business or life insurance policy, that you need to account for in your will
Have got divorced and want to adjust the role of your ex in your will
Want to add or change beneficiaries
Decide to include contingent beneficiaries as you get older

Reviewing and updating your will ensures that it reflects your most recent wishes and covers all of your assets.

Loved ones, such as your children or spouse, are allowed to dispute an estate plan after your death. This is easier to do if your estate plan is very out-of-date. The person disputing your will could, for example, say that it doesn’t reflect your most recent wishes.

Updating your estate plan will make it harder for people to do this. This can make the administration of your estate much easier for your loved ones.

3. Not Giving Someone Power of Attorney

When making an estate plan, a lot of people focus on what will happen to their assets after they die. However, this means that they overlook other important things, such as giving someone power of attorney.

Power of attorney legally authorizes a person (or several people) to act on your behalf if you become incapacitated. For example, this may happen if you have an accident that leaves you in a coma or unable to communicate.

You can give someone power of attorney in two areas: financial decisions and health care decisions.

Without power of attorney, your loved ones may struggle to act on your behalf. They may also not legally be allowed to make decisions about your finances and healthcare.

Giving one or more people the power of attorney makes it easier for them to manage your estate. This also allows you to pick who you want to represent your interests if you are incapacitated.

4. Forgetting to Factor in Retirement Costs

Most people will make an estate plan while they are working but your financial situation can change a lot after retirement. Failing to factor in your retirement costs could leave your loved ones with a lot less financial support after your death.

Fortunately, it is easy to avoid this common estate planning mistake with some basic planning. You will need to look at:

Nursing home costs
The cost of at-home care
How much you need to spend before you qualify for Medicare funding

This will help you make informed decisions about your spending during retirement. It can also help you figure out how much you need to save to qualify for Medicare without bankrupting your spouse.

5. Signing Over the Deed to Your Home

Good estate planning can save your loved ones money on inheritance taxes.

However, one of the biggest mistakes people make is signing over the deed to their home before they die. This might involve signing your home over to your spouse or your children, for example.

This is a bad idea for multiple reasons. Firstly, it means that you no longer have legal control of your own home while you are still alive. So if the new owner wants to kick you out and sell it, there is nothing you can do!

Giving your child or spouse the title of your home is also seen as a taxable gift. This means that you won’t save them any money by putting their name on the deed.

Instead, you should speak to your estate planning lawyer about tax-free ways to pass on your assets.

6. Choosing the Wrong Person to Handle Your Estate

When making an estate plan you will have to choose estate plan beneficiaries. These are the people who will inherit your assets.

However, you also need to appoint someone to be the executor of your estate. They will oversee the probate process.

A lot of people choose their spouse or a close relative to be the executor of their estate. This can be a big responsibility for someone who is also grieving. They will have to handle complex financial, legal, and tax proceedings.

An experienced estate lawyer will be able to help you choose the right executor for your estate. So it is a good idea to discuss this with them while you are creating an estate plan.

7. Not Making Non-Taxable Gifts Before Your Death

If you have a lot of assets to pass on to your loved ones this can become very expensive for them. They will have to pay inheritance tax on the majority of your assets.

You can save them money by gifting certain assets before your death. For example, you make an estate tax-free gift of up to $15,000 per year to your spouse. This can significantly ease the burden of inheritance tax for your loved ones when you do die.

8. Forgetting to Transfer Your Insurance Policy to a Life Insurance Trust

Speaking of inheritance tax, you can save your loved ones money by putting certain assets into trusts and retirement plans. Your life insurance policy is a significant asset and will be included in your estate taxes after your death.

However, you can transfer this to a life insurance trust. This makes the proceeds of your policy tax-free as they are not directly owned by you.

The trust will then pay out your policy to your loved ones. So they will still see the financial benefits of your life insurance policy.

9. Thinking That You Do Not Need to Make an Estate Plan

If you don’t have a lot of money in the bank you might think an estate plan is unnecessary. However, an estate plan isn’t just about your finances.

You can also use this to:

Appoint someone to make medical decisions on your behalf
Give a business partner power of attorney while you are out of the country
Name a guardian for your children

So, if you want to have control of who makes decisions on your behalf, it is a good idea to create an estate plan sooner rather than later.

10. Creating an Estate Plan Without Expert Help

Estate planning isn’t as simple as drawing up a will and naming beneficiaries. Probate is a complex legal process and having a thorough plan in place will make this smoother for your loved ones.

Because of this, it is a good idea to speak to an estate planning lawyer about your assets. They will teach you about:

Strategies for reducing inheritance tax
Different state inheritance laws
Proposed changes in tax law that could affect your will

They will also ensure that your estate plan is strong enough to counter legal challenges. So even if you already have a do-it-yourself plan in place, it is a good idea to review this with an experienced estate lawyer.

Get Help Avoiding These Common Estate Planning Mistakes Today

As you can see, drawing up an estate plan isn’t as simple as making a will. How you distribute your assets will have a big impact on how much tax your loved ones have to pay. So the more detailed your estate plan is, the easier life will be for your loved ones after your death.

Do you feel ready to put together your estate plan and want help avoiding common estate planning mistakes? Then get in touch with De Bruin today. Our experts in estate planning will be happy to help.

Estate Planning 101: The Different Types of Wills

August 19, 2022/in Uncategorized

Let’s be honest; no one likes to talk about their last wishes when they pass away. Unfortunately, this is a conversation everyone should have with their family members to ensure their assets are transferred to their designated beneficiaries without any issues.

Several types of wills are available that work best for specific situations and others that may not fit your needs. To learn more about these different wills and how they can benefit you and your family, continue reading below. We will cover all you need to know about these different types of wills and who you can contact for more information.

Simple Will

Of all the different types of wills, this one is relatively straightforward. With a simple will, you can list who receives your assets and who will be the guardian over your children if you pass away prematurely.

With this type of will, you can declare:

How do you want to give away your assets
Who receives what kind of asset
Who will be the listed executor of your estate

If you have a complicated estate where you own a business or your estate will be heavily taxed, you should opt for a different type of will.

Other situations where you should not use a simple will:

You want to leave land to your children or another family member
You have children from a previous marriage
You need to set up a special needs trust
You have reason to believe someone will challenge your will

When in doubt, you can reach out to a reputable estate planning attorney to help you figure out which types of wills work best for your situation.

Testamentary Trust Will

A testamentary will is a trust you place certain assets into for your benefit. A named trustee will handle the trust on your behalf when you pass away. This is an excellent option if you have beneficiaries that are minors or who are people you don’t want to inherit and handle on their own.

This type of will allows you to place conditions on how your beneficiaries receive the assets. For example, you can put instructions to release a certain amount of money or a particular asset to become available when a child graduates college or when someone gets married.

Living Will

A living will isn’t an actual will; instead, it is a statement of your last wishes. This living will covers how you wish to be medically cared for and if the hospital can or cannot use any life-saving measures. For example, if you were to go into a vegetative state, would you want the staff to keep you alive via machines, or would you want them to take you off life support.

Having a living will in place takes the health-care decision burden off of your family. If you want to ensure that your medical-related wishes are honored, you should make sure to have a living will put in place.

Holographic Wills

Holographic wills aren’t the sci-fi floating document you may be picturing right now. Instead, these wills are entirely written in your handwriting, and the witness and notary requirements that come with wills are less stringent than a holographic will.

The main issue with these types of wills is they are more ambiguous. This means it can cause problems with your beneficiaries as they may have different opinions regarding your final wishes. One beneficiary may think you mean one thing, whereas another can interpret your wishes as something else.

Joint Wills

A husband and a wife typically create joint wills. For example, one spouse may agree to leave the entire estate to the other if one of them were to pass away before the other.

These wills were a bit more common back in the day because they saved a lot of time and money, but times have changed. The surviving spouse can’t change a joint will without the other spouse’s permission. So if you were to remarry, the assets in the joint will can’t and won’t transfer to your stepchild in your new relationship.

Oral Wills

Oral wills are, as the name implies, a will spoken verbally to one or more witnesses. Most states don’t recognize these types of wills because they aren’t concrete and are hard to decipher correctly. Generally, they aren’t acceptable unless the will is spoken while you’re on your deathbed.

Will vs. Trust

Trusts and wills are both excellent tools used for estate planning, but one only works during a significant life event, whereas you can use the other while alive. Wills and trusts are both set up while you are alive, but wills only kick into effect when you pass away. A trust can be used during your life or go into effect when you pass away.

Different Types of Trusts

Just like there are several different types of wills available for you to use, there are other trusts that you can use. For example, you can use an irrevocable trust to protect your assets from creditors. With an irrevocable trust, you give up your ownership rights to assets when you transfer them. A trustee manages these types of trusts.

Special Needs Trust

As mentioned earlier, if you need a special needs trust, you won’t be able to list your wishes in a simple will. If you are concerned about the financial need of a beneficiary with a disability, you can create a special needs trust.

These legal arrangements enable your beneficiaries to receive financial support from the trust without jeopardizing their state or federal public assistance program eligibility. You should contact a reputable estate planning attorney if you need a special needs trust. The last thing you need is for your loved one to lose access to supplemental security income or other federal benefits because the trust affects their income.

What Happens if You Die without a Will?

If you die without a will, the distribution of your assets and property must go through probate. The state handles this process. In general, the court must declare someone as the executor of your estate before they can handle sorting through your debts and assets.

In general, the court allows a portion of your estate to go to your surviving spouse, and they will divide the remaining assets amongst your children if you have any. The court does not take in any factors that may influence it to divide the assets unequally. For example, if you don’t want one child to receive something, the court won’t know that. They will treat all your heirs as equals.

So if you have specific assets that you wish to go to one particular person, you should create a will. This will lessen the burden that your family has to go through with probate court. Depending on the size of your estate, it could take months, if not years, for the probate process to complete.

How to Create a Will or a Trust

If you wish to create a will or a trust, you can do so without the need of an attorney, but that is not recommended. There are specific tax considerations and laws that you must keep in mind when creating these types of documents.

The last thing you want is to create a will online that does not have the proper protection or clear intentions. When you pass away, if the will is not direct on your last wishes, your beneficiaries are left to try to interpret your wishes.

Estate Planning Attorney

If you want to ensure your last wishes are honored and well understood, it would be best if you reached out to an attorney to create the document on your behalf. You may be tempted to pay the small fee online to file your paperwork, but if there are any discrepancies or mistakes made, it will cause problems down the road. Partnering with an estate planning attorney will ensure you have honored all your last wishes.

Help with Different Types of Wills

Making sure that your last wishes are honored is a big deal to your family, so it is best that you get a will that clearly states what you want to happen you pass away.

Whether you need help creating your living will or a simple will, reputable attorneys can help you navigate the different types of wills. If you are ready to create your will or you have questions about what option is best for you and your situation, contact us.

A Step-by-Step Guide on How to Make a Living Will

August 10, 2022/in Estate Planning

What Is a Living Will?

Living wills are quite different from the typical wills you might think of. They have nothing to do with bequeathing assets or property. In fact, a living will is a medical document also known as an advance directive.

An advance directive allows a person to put their end-of-life wishes regarding medical care into a legally binding document. The purpose of a living will is to make sure a person gets the treatment they desire in the event they become incapacitated and cannot communicate their wishes.

How Do Living Wills Work?

Advance directives are common in every state. Individuals can fill out a form detailing their wishes, or they can work with a lawyer to draft their living will. It is up to the person how much detail they provide in the document.

Some of the more common directives include palliative care and extraordinary measures.

Palliative care refers to measures taken to decrease pain and suffering. Extraordinary measures can refer to something like resuscitation. Some people elect palliative care but reject extraordinary measures.

By putting these directives in their living will, a person can rest assured the doctors will have to follow these orders.

For a living will to be valid, it has to meet certain state requirements. It will likely need to be notarized, and often living wills require having a witness present.

You can revoke a living will at any time. It is yours to change and do with what you see fit.

As soon as you sign your living will, it can take effect. Or it can go into effect once the person can no longer communicate their wishes. Either way, medical caregivers3 will rely on your personal communication with them for as long as you are coherent.

Do I Need a Living Will?

Thinking about the end of our lives is awful. Still, every adult can benefit from having a living will. A living will is especially important for those living with a terminal illness.

If you are about to undergo major surgery, it’s also a good idea to have a living will in place.

If you become incapacitated and there is no living will, your doctors will ask your nearest living relatives (spouse, children, siblings, parents) to make medical decisions for you.

That’s a lot to ask of your family members while coping with the possibility of losing you. It can also cause rifts to develop between family members who disagree about the appropriate course of action.

If you haven’t talked to your family about your end-of-life wishes, they are in a trickier position because they don’t know what you would want.

Additionally, there are some states in which family members do not have complete authority to make decisions on your behalf without a living will.

In that case, your family may need to get a court order for certain medical actions. It’s also not uncommon in that situation for doctors to decide which family member to listen to. It can all get very complicated very quickly.

What Are the Benefits of a Living Will?

Now that you understand some of the risks involved in not having a living will let’s talk about the many benefits. We’ve narrowed it down to seven benefits for the sake of expediency, but rest assured, there are more.

Establish Power of Attorney

A medical power of attorney is a legally binding document that gives the responsibility and power of decision-making to whomever you decide to trust with your end-of-life health care decisions.

If you become incapacitated or too ill to advocate for yourself, your power of attorney will advocate on your behalf. Sometimes this person is called a healthcare agent or a healthcare proxy.

It’s essential that you choose a power of attorney you trust with your life since they will literally have your life in their hands.

Prevent Family Disputes

The reality is that family members don’t always agree. When you make a living will, you eliminate the chance of your relatives disagreeing over what kind of care you should receive.

Reduce Burden on Surviving Family Members

When you specify your desires, it makes it a lot easier for your surviving family members to cope with what’s happening. Knowing that you are getting the exact treatment you want will give them reassurance.

Without a living will, every choice your family members face will add to their grief and suffering. Additionally, medical treatments like long-term care can be incredibly costly. Making decisions ahead of time can minimize your cost of care and save your family from a financial burden.

Know Your Outcomes

There is no way to predict when you might become ill or incapacitated. Accidents happen, and diseases turn up without warning sometimes. When you have a living will, you don’t have to wonder what will happen.

Authorize Treatments

Lots of medical procedures require prior authorization from the person receiving the treatment. A living will gives you the opportunity to authorize treatments in advance just in case something happens.

Refuse Treatments

A living will also gives you the freedom to refuse treatments you don’t want. For example, if you aren’t comfortable with the idea of being on life support, you can refuse it in your living will.

Peace of Mind

Overall, having a living will gives you peace of mind. You and your family will feel better knowing everything is taken care of, and you will get the treatment you want when the time comes.

How To Make a Living Will: Step By Step

If the idea of writing a living will still sounds overwhelming, you can relax. We’ve broken it down into seven relatively simple steps for you to follow.

Decide Whether To Hire a Lawyer

An estate planning attorney who knows the laws in your state can help you create a thorough advance directive that covers all the bases.

Estate lawyers understand the living will format and requirements. They’ll make sure to ask the questions you might not think of on your own.

It’s also perfectly fine to make a living will on your own. There are several resources out there, including the National Hospice and Palliative Care Organization, which has a downloadable state-specific form you can fill out.

Know Your State’s Laws

Whether you hire a lawyer or write your living will on your own, it is crucial that you follow the requirements in your state. For residents of South Carolina, it is important to be familiar with the state’s Death With Dignity Act.

In most states, you must be at least 18 years old to create a living will. You also need to be of sound mind. Some states require witnesses and notarization.

Decide What You Want

It is your choice what to include in your living will. You can decide what kinds of treatment to authorize and what to refuse.

Most living wills express desires related to life-prolonging care, food and water, and palliative care.

It’s not easy to decide what kind of care you’ll want at the end of your life. It can be difficult to make decisions without taking into consideration the wishes of your surviving loved ones because it affects them too.

For more ideas, take a look at this complete guide on what to include in your living will.

Revise Your Living Will As Needed

What you put in your living will can change. You may have a different perspective as you grow older. It’s perfectly fine to change your advance directive if you choose.

Share Your Living Will

It’s a good idea to share your living will with select people. Your family, doctor, and health care proxy are good places to start.

Make Copies

Make a few copies of your living will, just to be safe. You should give a copy to your doctor and one to your health care proxy. Then store the original in a safe, secure place where your family can access it as needed.

What is a Simple Living Will in South Carolina?

Creating a simple living will in South Carolina is a thoughtful step to ensure your healthcare wishes are honored if you are unable to communicate them yourself. It’s a key part of what’s known as an advance directive, giving you control over future medical treatment decisions.

Understanding a Simple Living Will

A simple living will, often referred to in South Carolina as a “Declaration of a Desire for a Natural Death,” is a legal document. Its primary function is to state your preferences regarding medical treatment, particularly life-sustaining procedures, should you become terminally ill or be in a permanent vegetative state with no reasonable hope of recovery. It is distinct from a traditional will, which deals with the distribution of your property after death.

Purpose of a Simple Living Will

The main purpose of a living will is to provide clear guidance to your healthcare providers and loved ones about the medical care you wish to receive, or not receive, in end-of-life situations. This removes the burden of difficult decision-making from your family during an emotionally challenging time and ensures that your personal values and wishes about medical intervention are respected. It serves as your voice when you cannot speak for yourself.

Key Decisions Covered By a Simple Living Will in SC

A simple living will in South Carolina typically addresses your desires concerning the use of life-sustaining procedures. These can include decisions about:

Cardiopulmonary Resuscitation (CPR): Whether you wish to be resuscitated if your heart or breathing stops.
Mechanical Ventilation: Whether you want to be placed on a breathing machine.
Artificial Nutrition and Hydration: Whether you wish to receive food and water through tubes.
Other Life-Sustaining Treatments: This can encompass other medical interventions that would only prolong the dying process without a reasonable expectation of recovery.
Pain Management and Comfort Care: While focused on withholding life-sustaining measures, a living will can also indicate your desire for comfort care to alleviate pain.

It’s important to note that a living will in South Carolina becomes effective only when your attending physician and one other physician certify that you have a terminal condition or are in a permanent vegetative state and your death would occur without life-sustaining procedures.

Eligibility and Requirements for a Simple Living Will in SC

To create a valid simple living will in South Carolina, you must meet certain requirements:

Age: You must be at least 18 years old.
Sound Mind: You must be of sound mind, meaning you understand the nature and effect of the document you are creating.
In Writing: The living will must be a written document. Oral statements are not legally binding.
Signature and Witnesses: You must sign the living will in the presence of two witnesses. Specific rules apply to who can be a witness; generally, they should not be individuals who would inherit from you, your attending physician or their employee, or anyone financially responsible for your medical care. At least one witness cannot be an employee of the healthcare facility where you are a patient.
Notarization: While not always strictly required for validity, having the living will notarized can make it “self-proving,” which can simplify the process of it being accepted.

Creating Your Simple Living Will in South Carolina

Creating a simple living will involves careful consideration of your values and preferences regarding end-of-life care. You can obtain standard forms provided by the state or utilize resources from healthcare providers or legal aid. Many people choose to consult with an attorney to ensure the document accurately reflects their wishes and meets all legal requirements in South Carolina. Once completed and properly witnessed and/or notarized, it is crucial to share copies with your healthcare providers, your designated healthcare agent (if you have a healthcare power of attorney), and trusted family members. Keep the original in a safe, accessible place. Periodically reviewing and updating your living will is also advisable to ensure it still aligns with your healthcare desires and personal circumstances.

Do You Need a Living Will in SC?

Right now, writing a living will might feel uncomfortable to think about. In the long-term, you’ll be glad you learned how to make a living will and got it done before too late.

You and your loved ones can rest easy knowing the tough decisions are already made, and you will get exactly the care you desire. Contact De Bruin Law Firm today to schedule a free consultation to discuss your advance directive.

What Is Estate Planning?

May 6, 2022/in Estate Planning

Did you know that only 33% of Americans have a will or living trust? In fact, since the beginning of the pandemic, the number of 18 to 34-year-olds with estate plans increased by 50%.

Whether you’re 18 or 80, everyone needs an estate plan. No matter how many assets your own, estate planning protects your loved ones and is a powerful way to create a legacy.

But what is estate planning exactly? Keep reading to learn more about how an estate planning attorney can help you make plans for the future.

What Is Estate Planning?

Estate planning is simply the process of making a clear plan for your assets. A will or trust is a plan for the management or transfer of your estate after your death or incapacitation. This ensures that your affairs are handled the way you want.

A will is a legal document that provides instructions around an individual’s property. This also includes making a plan for all of your assets including:

House, land, or cars
Bank or retirement accounts
Stocks or investments
Jewelry or furniture
Digital assets (online and email accounts)
Digital property (virtual currency, reward points, domain names)

Estate planning is not just about your finances and property. It also encompasses decisions around guardianship, custody of minor children, and medical actions if you become incapacitated and can’t make your own decisions.

If you die without a will, state laws of descent and distribution will determine who receives your property. In South Carolina, this means that your estate is subject to the state’s inheritance laws or intestate succession laws. While this usually means that your property will go to your closest living relatives, it can also be a time-consuming and expensive process for your eventual heirs.

All in all, a will ensures that whatever happens next your interests are protected.

Key Steps for Creating a Will

Everyone over the age of 18 should invest in creating a plan. From social media accounts to land, everyone owns assets. An estate plan guarantees that everyone knows your wishes.

Planning a will also include naming an executor, choosing beneficiaries, and setting up funeral arrangements. This also encompasses planning for potential estate taxes. A properly prepared estate plan will lay out your wishes, prevent misunderstanding, and ensure everything is done in the most tax-advantaged manner.

While a lot of steps go into the planning process, there are a number of key steps in the process including:

Taking an inventory of everything you own
Determining what type of estate plan you need
Choosing a guardian for yourself, children, or pets
Establishing directives like Durable Power of Attorney and executor
Naming beneficiaries for assets that don’t already have them designated
Partnering with a highly reviewed estate planning lawyer
Creating, signing, and storing your plan
Updating your estate planning documents as needed over time

While estate planning can feel overwhelming, it can also be a straightforward process when working with the right partner. Consulting an estate planning attorney at the beginning of your planning journey can save you a lot of time in the long term.

Estate Planning Documents and Taxes

There are a number of documents that make up an estate plan. Each item works together to create a clear plan for your final wishes.

Common planning documents include:

Guardianship
Will
Living Trusts
Financial Power of Attorney
Durable Power of Attorney
Advance Healthcare Directive
HIPPA Authorization
Intestate Succession Plan

Taxes also play a significant role in the estate planning process. The goal is to leave as much as you can for your heirs. The estate planning process includes tools to pass assets while avoiding hefty taxes.

South Carolina does not have an inheritance, estate, or gift tax. At the same time, there are other state and federal laws a lawyer can help you navigate. For example, federal laws do apply to gifts over $16,000 in a single calendar year.

Strategies that protect assets like AB trusts, estate freezing, education funding strategies, and charitable contributions can considerably reduce state and federal taxes.

Appointing the Right Executor

An executor of a will is the person legally named to take responsibility for your wishes. The executor legally administers an estate. This includes following instructions in will documents, ensuring assets are distributed, and estimating the value of the estate as determined by the Internal Revenue Code.

The executor is also responsible for paying debts and taxes.

An executor can either be a family member, lawyer, or accountant over the age of 18. They also must have no prior felonies. Working closely with an estate planning attorney can help you avoid intricacies around co-executors, disputes with heirs, and personal liability exposure.

Common Mistakes to Avoid

It can be easy to put off estate planning because it can seem complicated, costly, and confusing. Additionally, low-cost estate planning strategies can have long-term negative consequences for you and your loved ones.

Because a will captures your future plans, it’s essential to find the right partner. A cautious attorney will help you avoid future misunderstandings, delays, and inaccuracies.

Common mistakes to avoid include:

Not regularly updating a plan over time
Not planning for potential disability or long-term care
Not thinking through the full implication of taxes
Not having liquid assets that can be converted into cash
Not putting children’s names on deeds to property
Not making gifts during your lifetime

Find an Estate Planning Lawyer

If you’ve wondered “what is estate planning” in the last year, you are not alone. Americans across the country are investing in estate planning services because it’s the only legal tool to create a lasting legacy. Today is a great day to start thinking about how you can use a will to execute your future wishes.

If you are looking for a trusted local partner in Greenville, South Carolina, the De Bruin Law Firm is here to guide you throughout the estate planning process. We believe in delivering preeminent legal services based on sound and strategic legal counsel.

How Can an Estate Planning Lawyer Help You?

March 2, 2022/in Estate Planning, Resources

As you get older, the importance of developing an estate plan increases dramatically. However, according to a recent survey, only 42% of Americans have a plan for their estate.

Looking ahead at end-of-life situations feels grim, but you need to have a plan for what you leave behind. Should you pass intestate, meaning without a will, the state will be in charge of distributing your assets.

This sort of planning involves a significant amount of legal paperwork, intimate knowledge of estate planning laws, and a sound strategy. For this, you need an estate planning lawyer to guide you through the complex process of preserving your legacy.

The Duties of an Estate Planning Lawyer

It should be obvious that estate planning lawyers are attorneys who specialize in estate planning. That means their chief responsibility is assisting you in your end-of-life preparations. They ensure that your loved ones receive the benefits you’ve decided to pass along.

Start your estate planning with an attorney as soon as you’re able. Your estate plan needs to account for so much more than the money you’re leaving to loved ones. It may include designating guardianship, determining what to do with a business you own, and making determinations on financial assets like stocks.

You need the help of an attorney to guide you through the plan-making process.

Develop a Will

Writing a will is a critical aspect of estate planning. While you can write one on your own, enlisting the help of a qualified estate planning attorney will make the process much easier.

An attorney builds a will that uses specific language, can help the will stand up to contestation, and ensures that your assets are distributed in the way that you desire.

Will writing can be complex, and it’s easy to make mistakes. Unfortunately, a minor oversight could put your entire estate in jeopardy.

Establish a Trust

While wills typically go into effect in the event of your passing, a trust can go into effect immediately. Another key difference is that a will must go through the probate process and become public record, while a trust remains private.

Your lawyer may determine that establishing a trust is a more appropriate measure.

With a trust, you’ll name a trustee who will be responsible for distributing the assets named in the trust according to its outlined terms.

Assistance with Taxes

Inheritance and estate taxes can quickly drain any funds you pass along to your family members. This may leave them without the financial support you planned to provide for them.

An estate planning lawyer will work with you and your loved ones to navigate these complicated tax laws and help you minimize the tax liabilities associated with estate planning.

Powers of Attorney

Should you become incapacitated and unable to make decisions on your own, a lawyer can help establish powers of attorney so a loved one can act on your behalf. This is especially important if you’re someone’s primary caregiver, as you need to ensure that they’re provided for.

Situations When You Need an Estate Planning Attorney

In addition to their most common duties, an estate planning lawyer can aid you and your family members in a number of complex situations.

Updating Your Plan

Family dynamics are ever-changing, so you may deem it necessary to make changes to your end-of-life plan. Fortunately, a lawyer makes the process simple.

You may want to leave assets to a specific family member, add a new beneficiary like a grandchild or step-child, or exclude someone from your will.

Some members of your family may prove themselves too irresponsible to manage their inheritance. You may also need help navigating laws that prohibit non-immediate family members from receiving benefits.

Interstate or International Assets

Dealing with your state’s estate laws is complicated enough, but the process becomes even more difficult if you have assets in another state or another country. You’ll have to abide by the laws in those states and countries as well as the ones where you currently reside.

Without professional legal help in this situation, it’s almost impossible to ensure that your assets are protected and distributed in the manner you desire.

Succession for Your Business

If you’re an entrepreneur and own a small business or a stake in one, you need to ensure that your business doesn’t fall into the wrong hands when you pass. An attorney will help you determine your business’s succession plan and ensure that an appropriate individual takes the reins.

Protecting Your Will

Since wills go through the probate process, certain situations allow interested parties to contest the validity of your will. The responsibility of defending the will then falls to your named executor.

An experienced attorney can help ensure that your will is able to stand up to contestation. They can include a powerful no-contest clause that renders anyone who contests a will unable to receive benefits.

Establishing an Irrevocable Trust

While many estate plans allow you to modify them, an irrevocable trust cannot be changed. Due to the permanence of such a trust, it’s advised you consult with an attorney.

Irrevocable trusts have a few unique advantages and can certainly benefit your loved ones. They may help someone who depends on you for primary care retain their medical benefits, help a beneficiary who needs financial aid minimize costly estate taxes, and can protect your assets from debtors who come to collect from your estate.

An Estate Planning Lawyer Keeps Your Assets in Order

Planning your estate is a difficult thing to do, and it’s advised you start the process early. Consult with an estate planning lawyer so your beneficiaries don’t have to worry about what happens to your assets after your passing.

The best estate planning lawyers will help you develop a plan for your financial assets. They’ll determine if you need a will or trust. Finally, they can help you through all of the complex legal situations surrounding estate law.

Looking to hire a lawyer to help with your estate planning? The De Bruin Law Firm is ready to help. Schedule a consultation today.

Key Reasons to Use an Attorney for Estate Planning Services

March 17, 2021/in Estate Planning, Resources

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.

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

June 13, 2018/in Estate Planning

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

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

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

1. Understand Why You Need a Will

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

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

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

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

2. Inventory Your Estate

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

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

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

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

3. Appoint an Executor

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

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

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

4. Decide Who Will Get Custody of Your Kids

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

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

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

5. Designate a Power of Attorney

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

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

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

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

6. List All Your Debts

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

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

7. Choose Your Beneficiaries

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

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

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

8. Pick a Place for Your Will

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

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

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

9. Review and Update Your Will

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

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

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

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

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

10. Don’t Forget the Importance of a Lawyer

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

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

Making a Will Doesn’t Have to Be Difficult

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

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

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.

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.