A basic estate plan typically addresses several issues:
We can help explain these issues to you and prepare the proper legal documents on your behalf, which will ensure that when the time comes, your desires are clear to your loved ones.
The Probate Court in South Carolina is comprised of two divisions: the Estate division and the Commitment & Guardianship division. The Estate division is charged with probating wills and administering the estates of deceased individuals. The Commitment & Guardianship division handles matters affecting individuals who are incapacitated in some way and require assistance in the management of their affairs. Legare, Hare & Smith has extensive experience in both divisions.
The Estates division oversees the administration of an individual’s estate after death. Upon the death of an individual domiciled in South Carolina, an estate is opened in the Probate Court to name a Personal Representative, who is thereafter in charge of identifying and distributing the estate assets, finding and communicating with the estate’s heirs, settling up the final debts of the estate, and ensuring that all of the matters affecting the decedent have been completed. This process can be overwhelming, especially during the trying time immediately following a loved one’s death. Let us help you adhere to deadlines, prepare and submit the appropriate forms, and determine the best and most economical way to administer the estate of your loved one.
In addition to assisting with the probate process, we can help clients navigate the Probate Court’s Conservatorship process. Sometimes families need help caring for an incapacitated individual, whether as a result of an accident, medical condition, or the aging process. In those instances, we can assist you in determining the best course of action, and then prepare the necessary court filings to ensure that your loved ones have a comprehensive plan in place to take care of them. Once the plan is in place, we continue to provide advice and guidance on how best to comply with the court’s plan and make sure that your loved one is cared for in the best way possible.
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