Probate is the legal process used to orderly pass a person’s assets to his heirs and pay his last outstanding debts after death. It is conducted by the Probate Court according to state law. There is no Federal Probate law. A person’s assets are passed down either according to his will or according to state law if there is no will.
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.
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 behind 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
Some of the services we provide are as follows:
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 Probate Code 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 and is not filed of public record in the Probate Court until after the testator dies.
DURABLE POWER OF ATTORNEY
Although not technically a part of probate. It does deal with the assets of one who cannot deal with those assets himself.
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
Although not technically a part of probate. These two documents deal with the medical treatment of one who cannot deal with those issues himself.
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 in order to attempt to prolong your life.
This is a legal action filed in the Probate Court 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.
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.