Greenville Law Firm | Tax Attorneys and Probate Services Greenville
- April 29, 2010
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We handle the entire probate process for you when a loved one dies, including estate taxes if necessary. We can also help you get a conservatorship or guardianship. In addition, we prepare all types of wills and trusts to cover any particular needs you might have. Whether your need is for asset protection or probate avoidance, we can prepare the correct trust or family limited partnership to meet your needs.
Some of the services we provide are as follows:
WILLS –
Everyone should have a Will in order to direct the disposition of your earthly estate after death. If you do not have a valid will, the State of South Carolina will decide how your estate is distributed. We can prepare your will, from the simplest to the most complex, based on your instructions. Note that a will has no effect until the testator dies.
TRUSTS –
A trust is the only way to direct the distribution and disposition of your estate for years after your death. There are many types of trusts and it is important to retain an attorney who c an guide you in the right choices concerning the type of trust you need. A trust can also be used to protect your assets from predators during life.
DURABLE POWER OF ATTORNEY
We at the Greene Law Firm believe that every adult should give a durable power of attorney to someone you trust implicitly, such as your spouse, child or parent. Having a power of attorney in place can save thousands of dollars and untold headaches should you become incapacitated and not be able to handle your own affairs. It gives the one you trust the power to handle your financial and other affairs during any period when you cannot. Note that a Power of Attorney has no effect after the giver of the Power dies.
LIVING WILL / HEALTH CARE POWER OF ATTORNEY
This is another indispensable document everyone should have. By executing this document you direct all medical providers how to handle your care when you cannot speak for yourself. You can direct how much or how little extraordinary care you desire to attempt to prolong your life.
CONSERVATORSHIP
This is a Probate Court action that results in a person being appointed to oversee the financial affairs of an incapacitated person. Usually a Conservatorship is not necessary if the person has a durable Power of Attorney.
GUARDIANSHIP
This is another type of Probate Court action in which the incapacitated person cannot handle his own daily life functions and another has to be appointed to be guardian over the “body” of the incapacitated person, i.e. must be in charge of his day to day living.
PROBATE ESTATE
When a person dies with or without a will, a Probate file must be opened and a Personal Representative (previously called an Executor) must be appointed to oversee and carry out the probate process. This process usually takes about a year but can last several years in more complicated estates. We know this is a very emotional and unsettling time for the loved one that is left and the Greene Law Firm can help you navigate this process with the least amount of emotional stress, from a very simple to the most complex Probate Estate.