Nobody really wants to think about drafting a will. Let’s face it, people don’t want to think about dying, no matter how old they are. The younger people are, the less they want to think about the possibility of dying, and drafting a will requires that you think about just that. The reality is, however, that if you don’t draft a will, you could leave your family in an unpleasant situation. Without a will, the probate laws of the state you live in will decide what happens to your property when you die. That might not be what you want to happen.
How well acquainted are you with the probate laws of South Carolina? Because that’s what will govern how your property is distributed when you pass away if you don’t draft a will. If you want to ensure that the court distributes your property the way you want, and that your loved ones are taken care of, you should speak with an experienced Charleston wills attorney to set your affairs in order. Contact Weeks & Irvine, LLC, today.
Simply put, a will is a set of instructions for how to distribute your property when you are gone. Many wills are fairly straightforward. After all, while everybody has an estate – an estate is simply the property you leave behind when you die – and some are more complicated than others. Yours might not be very complicated, but everyone who has had a family member pass away knows full well that dying without a will – or worse, with a will that doesn’t accurately set forth how the estate should be divided – will usually lead to additional expenses and possible trouble within the family. Don’t risk causing that kind of trauma for your family. Leave a will that is clear on your wishes.
Your will can set forth the distribution of your estate any way you want, within the requirements of probate law. For instance, you might not be able to cut an immediate family member out of any inheritance – especially a spouse. Your spouse might be entitled to a certain amount of your estate no matter what your will says. Further, life insurance, retirement plans, jointly titled property, and other death benefits likely will not be distributed according to the terms of your will because they are not part of your probate estate. It makes sense to have a professional assist you in drafting your will so that you can make sure that your will controls the distribution of as much of your property as possible, and that your property is distributed according to your wishes.
Your will can also state who you would like to become guardians for your children should they be left without parents. The court will take this designation into account when naming a new legal guardian for your child.
When you are ready to make a will, you should talk to a professional. Contact the attorneys of Weeks & Irvine. We can help ensure you have an estate plan in line with South Carolina probate law, and we are ready to help you achieve what you want your will to accomplish.