Mount Pleasant Estate Planning Lawyer

Comprehensive Estate Planning Services

None of us likes to think about death or the possibility of incapacitation, but ensuring that our wishes are respected is crucial. Estate planning is the process through which these wishes are communicated in a legally binding manner. Our estate planning attorney in Mount Pleasant will work with you to determine what will happen to your assets after death, and how your medical and financial affairs will be handled if you become incapacitated.

With a comprehensive estate plan, including wills and trusts, you can also ensure that your heirs face minimal legal hurdles, reduce potential conflicts, and possibly diminish estate taxes. These preparations can alleviate stress on your loved ones during difficult times, providing them with clarity and security about your desires, including your preferences regarding guardianship for minors or dependent family members.

Plan with confidence and work with an experienced estate planning lawyer in Mount Pleasant. Call us at (843) 306-2622 or contact us online today for a consultation.

The Importance of Having a Will

What Happens if I Don’t Have a Will in South Carolina?

Individuals who die without a will have their assets distributed through the intestacy process, which is overseen by the state of South Carolina. Your assets will be subject to a predetermined process to allocate them, a process that does not know the unique desires each person might have. 

Inheritance possibilities that intestacy does not cover include:

• Someone who wants to leave a grandchild money specifically for college tuition
• Someone who has a close friend they want to leave a legacy gift for
• A person who has a good relationship with their home health provider and wants to leave them a monetary gesture of gratitude
• A person who wishes to donate to a charitable organization

Anything beyond the most rigid definition of family relationships will not be covered by intestacy. It doesn’t matter if a person’s wishes were generally known; without a legally binding document, assets go into intestacy.

Our Mount Pleasant estate planning lawyer takes the time to understand each client's needs. Individuals work hard for their assets, and they have the right to dictate how they should be distributed. A will is the proper exercise of that right.

Planning for Incapacitation: Power of Attorney

The Role of Power of Attorney

A will addresses a client's wishes for after their death, while a Power of Attorney is crucial for managing affairs during the client's lifetime if they are no longer able to do so themselves. Granting someone power of attorney means giving them legal authority to act on behalf of the client under specific circumstances.

A healthcare power of attorney allows an individual to make medical decisions on one's behalf. This is particularly significant during end-of-life discussions. What transpires when a doctor concludes there is no reasonable hope of recovery? How far should medical personnel go in treatment under such scenarios? The healthcare power of attorney speaks when the patient cannot.

Choosing a Healthcare Proxy

Appointing a healthcare power of attorney, also known as a healthcare proxy, allows a person to choose someone who understands them and shares their values. End-of-life issues can be highly divisive within families. Without a power of attorney, family members may argue with one another and the medical staff about care decisions. Granting one person legal authority can help avoid these conflicts.

Clients can specify their wishes further with an Advance Medical Directive (AMD), which communicates preferences for specific situations. Anything beyond this directive falls under the purview of the healthcare proxy. 

Financial Management with Power of Attorney

An incapacitated person also needs their finances managed. In some cases, the power of attorney over financial matters needs to be broader. We can draft a document specifying when and how this power is granted.

Assigning different individuals as healthcare and financial powers of attorney can lead to issues if they don't understand the client's wishes or work well together.

An example could include deciding to move someone who has become mentally incapacitated to assisted living. The healthcare power of attorney makes that decision, but the financial power of attorney funds it. They must collaborate effectively. Our team is here to help clients integrate all these elements into a cohesive estate plan.

Trusts in Estate Planning

Implementing trusts in your estate plan can offer significant advantages such as asset protection, tax reduction, and privacy in asset distribution. A trust allows you to select a trustee to manage your assets according to your specific wishes, potentially avoiding probate altogether.

In Mount Pleasant, establishing a revocable living trust is a popular option that lets you maintain control over your assets while ensuring they are managed and distributed seamlessly after your death. Our legal team is skilled in creating trust documents that align with South Carolina law, ensuring compliance and strategic advantage.

Understanding South Carolina Probate

Probate is a court-supervised process that authenticates wills and oversees the administration of a deceased person's estate. In South Carolina, probate can often be avoided through strategic estate planning, such as trusts and joint ownership arrangements. However, if probate is necessary, our team at Hooser Legal Counsel, LLC guides you through each step, minimizing delays or disputes.

We understand the intricacies of the probate courts in and around Mount Pleasant, ensuring all local procedural requirements are strictly followed. By providing comprehensive support, we help ease the burden on families during this administrative process.

We’re Here to Help

Hooser Legal Counsel, LLC has served the needs of our clients for years. We take pride in a communicative, hands-on approach that helps us understand what’s most important to our clients. We’re experienced in handling complex estates. 

Our commitment to the Mount Pleasant community is reflected in our understanding of local laws and customs, ensuring that each estate plan is not only thorough but also culturally and legally appropriate. We stay informed about legislative changes that could impact estate planning, and we're ready to adjust strategies to maintain the intentions and security of our clients' legacies.

Protect what matters most with a custom estate plan. Call us at (843) 306-2622 or contact us online today to speak with a trusted estate planning lawyer in Mount Pleasant.