Summerville Estate Planning Attorneys

Legal Guidance for Charleston, Dorchester & Berkeley Residents

PMC Law Firm has the highly skilled estate planning attorneys you need to make sure all of the assets you want your family to inherit can be successfully transferred after you pass away. If you own any property or have wealth that needs to be protected, then you need to take the time to draft a thorough estate plan that accounts for all of your financial and health interests to ensure your wishes are carried out during and after your life.

What Is Estate Planning?

The estate planning process involves discussing your finances and health information with a legal professional to identify the goals and concerns that you have regarding your estate. When you come to PMC Law Firm for your estate planning needs, our legal advisors will get to know you and ask detailed questions about your assets and how they are owned, as well as your family structure and which beneficiaries you want to inherit property or manage your affairs if you suddenly pass away or become incapacitated.

Key Topics in Your Estate Planning Strategy:

• Preparing for Incapacity and Emergencies
• Probate Avoidance Techniques
• Property Titling for Tax Benefits and Efficiency
• Minor Children's Fund Management and Distribution
• Estate Planning for Non-Traditional and Blended Families

Essential Estate Planning Documents We Prepare:

• Last Will & Testament
• Durable Power of Attorney
• Living Will
• Health Care Power of Attorney
• Financial Power of Attorney
• Advance Medical Directive
• Beneficiary Designations
• Business Succession Planning
• Living Trust
• Revocable Living Trust

Estate Planning FAQs Answered by Our Attorneys

The following are questions our attorneys are commonly asked about estate planning:

What Happens if I Don't Have a Will?

If you die without a valid will, then your assets and property will be distributed in accordance with South Carolina law. This means that your property can end up in the hands of someone you dislike or don’t trust.

Steps to File a Will After a Loved One's Death

You need to file the will in the county of the deceased’s residence at the time of their death. Wills should be filed within 30 days of your loved one’s death. There is no need to file before the death because the courts in South Carolina will not accept or store wills.

Debt Responsibility After a Family Member Passes Away

Generally the answer is no. Usually, only the assets of the estate are available for unsecured creditors, such as credit cards, medical bills, and other debts. Secured creditors (like car loans and mortgages) may still need to be paid to keep the asset. Dealing with creditors without proper legal advice can be a costly mistake, so consult with our legal team today to make sure you aren’t taken advantage of.

Are Estate Documents Valid After Moving States?

Generally, yes. Although your documents are typically still valid when you move to a new state, our legal professionals recommend consulting with an experienced estate planning attorney just to double-check.

Can You Avoid Probate? 

This question generates a lot of confusion because people are often really asking how they can avoid taxes as opposed to the actual probate process. Whether or not you have to go to Probate Court depends on the assets you have when you pass away and how they are held. It is important to note that probate is not always a bad thing, it just serves to transfer title once someone has died.

Do I Need a Trust? 

A trust is a form of property ownership where legal and equitable title are split. In a trust, a trustee holds the legal title to the property for the use and enjoyment of the trust beneficiaries. The best way to determine if you need a trust is to speak with a qualified estate planning attorney to understand the reasons you may or may not wish to include one in your estate plan.

Understanding Trusts: Necessity & Benefits

The majority of our clients do not need a trust; however, this depends on your assets, goals, and family situation.

Will vs. Living Will: Clarifying the Difference

These documents are often confused but are very different. A will (often called a Last Will and Testament) disposes of your property at death. Meanwhile, a living will is a medical care document that contains statements of your wishes regarding life support and palliative care.

Customized Estate Planning Solutions for Your Family

If you’re ready to start planning your estate to ensure your family’s future is protected so that your legacy can live on, then call PMC Law Firm to set up your first appointment with one of our lawyers. We will go over the many different estate planning packages we offer at our firm and work closely with you to create a plan that meets your needs.

Ready to Secure Your Legacy? Schedule Your Consultation with PMC Law Firm at (800) 914-0620 Today.