If I have a Power of Attorney do I need a will?
- David Greene
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A Power of Attorney and a will are not related and one has no effect on the other. A Power of Attorney has legal validity only during a person’s lifetime and a will has legal validity only after a person…
How are income taxes filed for a deceased person?
- David Greene
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When a spouse dies, assuming the couple filed as Married Filing Joint, the surviving spouse will still file a joint return for the year in which the spouse died. A death certificate must be attached to the return. For this…
What is a spouse’s rights to a deceased spouse’s estate if not named in the will?
- David Greene
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A spouse not named in the deceased spouse’s will is called an omitted spouse. In South Carolina our Probate Code provides for an omitted spouse. He is entitled to a spousal share of the estate by law. That share is…
What is the difference between a Power of Attorney and a Conservatorship? Part 2
- David Greene
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As I stated last week these are two legal powers that, in many instances, accomplish the same purpose in two completely different ways. I discussed the Power of Attorney last week and will cover the Conservatorship today. A person who…
Is a Trust only for the very rich – Part 2?
- David Greene
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I mentioned that the three primary reasons for forming a trust are (1) avoidance of probate, (2) asset protection from creditors and (3) the ability to control your assets and how they are used for a long time after your…
Is a Trust only for the very rich?
- David Greene
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Absolutely not! People create trusts for different reasons. The three primary ones are (1) avoidance of probate, (2) asset protection from creditors and (3) the ability to control your assets and how they are used for a long time after…
What are some of the most common Estate Planning errors that are made?
- David Greene
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There are many mistakes that are made in developing your Estate Plan, but here are some of the most important: (1) failing to name a contingent beneficiary on wills, insurance policies, etc., (2) not reviewing your beneficiary designations on a…
How do you transfer a piece of property after the probate estate of the owner is closed?
- David Greene
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The only way to transfer real property owned by a deceased person who died less than ten years ago is to go through probate and obtain a Deed of Distribution. If the deceased died more than ten years ago, a…
How do you revoke a power of Attorney?
- David Greene
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First let me point out that even though one has the Power of Attorney, he does not have to act pursuant to its authority. However, there can only be one valid Power of Attorney at a time so it would be…
How important is it to have a durable Power of Attorney?
- David Greene
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It is very important! A durable Power of Attorney (POA) is simply legal authorization for someone else to act on one’s behalf. This usually only occurs if the grantor of the POA is incapacitated, but it can be useful in many…