South Carolina Estate Planning Legal Questions

An amendment to a Will is called a Codicil.  It should be drafted by an attorney and must be signed, witnessed and notarized with the same formality as the Will.  Things you write on the Will will be ignored by the Court.  A Codicil is not a DIY project.  Contact a local estate planning attorney.... Read More

A Will has no legal effect until a court admits it to probate.  Your sister may be able to gift you some personal items while she is alive, make her bank accounts "Pay on Death" and may or may not be able execute deeds which transfer title on her death.  See a local estate planning lawyer.... Read More

Medicaid is paid by your fellow tax payers out of the general tax revenues.  That is why you cannot simply transfer all your property to your children and expect strangers to pay for your care.  Anything transferred for less than fair market value in the 60 months before you apply will delay the time before Medicaid will pay, perhaps by years.  You can, however, enter into an irrevocable prepaid funeral polcy to pay for your cremation.  Please note that your children are not responsible for your bills -- but you are.... Read More

Why would you lie?  Do you think that someone who is asking you to lie will then give you money?  It is common for an executor to request a signed receipt and release.  Please note the word "receipt."  Please also note that it is not common to provide the "full disclosure" you desire.           ... Read More

Only a court can award guardianship.  Some courts and some state bar websites have lists of guardianship attorneys.  If you do not find any, you may find one on the website of the Special Needs Alliance. Hire a probate lawyer who practices in the county in which your father died to apply for you to have authority to settle his estate as the executor (if he left a Will) or administrator (if he did not).  You will then have authority to request his medical records.... Read More

Mr. Schill, You can accomplish your goals through either a Will or Living Trust, as long as the document is properly drafted.   The advantages of the Living Trust is that it can avoid probate, so long as you have titled assets into it prior to your death. In most cases you can structure retirement accounts and life insurance so that it passes outside of probate by designating a trust created under your Will (or living trust) for your minor children as the beneficiary.  As a general rule, the cost of probate is 1-3% of your probate estate at death in SC.   You should also know that SC tends to have one of the longest periods for allowing creditor claims to be filed in the United States (roughly 8 months) so probate in SC ususally runs at least 9-12 months.   Whether you will want a will or living trust really depends on the cost of each in setting them up.   Our  law firm offers a free consultation to help review your situation, after which time we can usually provide a flat fee quote. Yours, Daniel K Hicks Ingersoll & Hicks, PLLC 330 E. Coffee St. Greenville, SC 29607 864-527-5924    ... Read More

In order to leave everything to your children and not your spouse, if you should choose to get married, you would need to do more complex estate planning beyond a simple will. A legal surviving spouse can always elect to take against the will and inherit a percentage of assets. You can prevent that by executing a trust and provide that only the children inherit. You should talk to an estate planning attorney to discuss this in further detail and talk to you about your specific situation. Good luck!... Read More