Summerville Estate Planning Lawyer

Taking steps to plan for the future is one of the most meaningful things you can do to protect yourself and your loved ones. Whether you need a trust, a will, or guidance on choosing the right estate plan for your situation, we make the process simple and straightforward.

Authorize someone to handle finances if you're incapacitated. Without this, your family may need court approval to pay bills, access accounts, or manage property on your behalf. This document is effective whether your estate plan centers on a will, a trust, or both.

A health care power of attorney names a representative to make medical decisions if the individual is unable. This ensures treatment choices align with personal wishes and relieves family members of the burden of making difficult decisions without guidance.

A health care power of attorney names a representative to make medical decisions if the individual is unable. This ensures treatment choices align with personal wishes and relieves family members of the burden of making difficult decisions without guidance.

This authorization permits medical professionals to share health information with designated individuals, ensuring loved ones can remain informed and assist in care decisions when needed.

A memorandum provides a straightforward way to specify who should receive items of personal or sentimental value (such as jewelry, artwork, or family heirlooms) without amending your will or trust.

An estate plan is a group of legal documents that outlines how your assets will be distributed after your death as well as during your lifetime. Your plan will also address issues which may come up during medical situations. Common estate planning documents are wills, trusts, powers of attorney, health care powers of attorney, and living wills.

The initial decision you need to make is whether to establish a will-based estate plan or a trust-based estate plan. With a will-based plan, your will will be filed with the probate court and your devisees (those receiving your property) will have to file various documents and pay fees to the probate court. Probate proceedings are public and generally last about a year. In addition, creditors must receive legal notice and are allowed to file claims against your assets.

With a trust-based plan, you “fund” the trust by transferring assets into the trust. Because those assets are in the trust, you avoid probate. When you die, your trustee (typically spouse or child) will transfer those assets according to the provisions of your trust.

Trust law originated in England, and all 50 states recognize trusts. Having a trust isn’t a new thing! But having a trust can be very effective to carry out your wishes as seamlessly as possible. You don’t need to have a large net worth or be a high roller to take advantage of a trust-based estate plan.