Here are some necessary components often omitted or wrongfully used in do-it-yourself wills
- October 3rd, 2024
- David Greene
- Comments Off on Here are some necessary components often omitted or wrongfully used in do-it-yourself wills
(1) you need two witnesses, (2) A Notary Public must notarize the testator’s signature, (3) Neither the witnesses nor the Notary can be a beneficiary of the will, (4) A will should always be typed on a computer to avoid…
Six reasons to have a trust instead of a will
- September 13th, 2024
- David Greene
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There are many reasons why one should consider having a Family Trust. Six of these are: The Trustor will avoid probate with a properly funded trust. The Court does not notify creditors since the decedent’s case does not go to…
What inheritance rights do unmarried couples have?
- September 21st, 2023
- David Greene
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Unmarried couples do not have any rights to the assets of their deceased partner and have no rights to intestate inheritance.There is no more Common Law Marriaage in South Carolina. It was abolished in July 2019. Common Law marriages established…
How is real property owned by a deceased person transferred if no probate estate was ever opened?
- April 1st, 2023
- 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 open or reopen a probate estate and obtain a Deed of Distribution. If the deceased died more than ten…
What type of documents should I be considering for my Estate Plan?
- February 28th, 2023
- David Greene
- Comments Off on What type of documents should I be considering for my Estate Plan?
When people typically think of estate planning, the first thing that comes to mind is how they can control their assets after death. When considering this, most individuals come in to see us wanting to create some type of will…
Can a spouse change his spouse’s will after he/she dies?
- May 23rd, 2022
- David Greene
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First let me remind everyone that each person must have his or her own will. A husband and wife cannot have a joint will. In short, a will cannot be changed or altered by anyone after the maker of the…
How can one avoid a will contest?
- November 2nd, 2021
- David Greene
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It is very hard to be successful in a will or trust contest. However, many disappointed heirs file such contests every year. Here are some planning tips to hopefully avoid that headache and heartache for your heirs. (1) If you…
Should an IRA or 401k be transferred into a trust?
- August 25th, 2021
- David Greene
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It is definitely not a good idea! If you put your IRA or other qualified retirement account into your Living Trust, the IRS will consider it as a distribution and you will be taxed on the entire amount immediately. There…
What bequests should not be put in a will?
- August 23rd, 2021
- David Greene
- Comments Off on What bequests should not be put in a will?
Thank you for your question. There are several items you do not want to put in your will. Here are some: (1) Any real estate in which title is held in joint tenancy with right of survivorship, (2) bank acccounts…
What happens to a trust after the trust maker dies?
- June 10th, 2021
- David Greene
- Comments Off on What happens to a trust after the trust maker dies?
What happens after the trust maker dies depends on the language in the trust. Most trusts are Family Trusts with husband and wife as co-trustees. When the first spouse dies, the trust continues with the surviving spouse as trustee. When…