Attorneys Who Know How To Build A Strong Estate Plan
Have you discussed with your loved ones what medical treatment you wish to receive in the case of an unfortunate accident? Have you planned accordingly for the distribution of your belongings when you pass? This is a grave subject most of us avoid, but it is also an important one to prepare for. It will give you greater peace of mind knowing that the future is taken care of. Our attorneys can help you achieve this goal.
Why Hire An Attorney To Prepare My Will?
Some say we live in the “information age.” Yet the truth is, we live in the age of misinformation. The law in each state is different. Therefore, if you rely upon what you have “heard” or what you see on television or the internet, you may be relying upon misinformation.
Wills, powers of attorney and living wills are important legal documents. Thus, only an attorney should prepare them. If your document is prepared, signed or witnessed incorrectly, it may be totally invalid. Therefore, you can easily see why only an attorney should prepare these documents.
What Is A Power Of Attorney?
This is a written document that appoints a person to be an agent for you, allowing that agent to perform certain acts on your behalf. You can revoke this power at any time. You can also limit it or design it to fit your needs.
What Is A Living Will?
This is a written document giving defined instructions for one’s medical care in the unfortunate circumstance that one is permanently unconscious or terminally ill.
What Is Probate?
Probate is the legal procedure through which a deceased person’s will is validated by the court. If appointed, an executor manages the estate’s distribution according to the will’s directives. This process includes proving the will’s authenticity, inventorying the deceased’s assets, settling outstanding debts and taxes, and distributing the remaining assets to rightful heirs. Absent a will, the court oversees asset distribution per state laws. Hiring an attorney can be instrumental in navigating the complexities of probate, ensuring the decedent’s wishes are fulfilled, and legal requirements are met.
Why Do I Need An Attorney For Probate?
Hiring a probate attorney is a prudent step to take when navigating the complexities of estate settlement. Just as laws vary by state, so do probate processes, and what you’ve heard or read might not apply to your situation. A probate attorney ensures that the administration of your estate is handled correctly, adhering to the letter of the law and honoring your wishes. Their experience and skill mitigate the risk of errors that could invalidate your estate’s distribution, providing reassurance that your legacy is protected. With a probate attorney, you gain not only peace of mind but also a safeguard for your loved ones’ future.
What Is Estate Planning And Estate Administration?
Estate planning is setting all of your affairs in order, ensuring that your wishes are set down in writing so they may be carried out on your behalf. This typically includes drafting a will, establishing trusts, and designating a representative for your power of attorney and advance directive to handle your legal and medical decisions should you become incapacitated. You will include many of these tools, ensuring that your heirs and beneficiaries will be taken care of in your absence.
Estate administration is the process that takes place after someone passes away. This is normally kicked off by the executor identified in the will submitting the will for probate, settling all of the debts of the estate and managing the distribution of the assets. Oftentimes, the estate administration process encompasses more matters than the probate process.
For more information, reach out to our Gaffney will and probate lawyers by calling (864) 489-8128 or by filling out our confidential online contact form.