Legal Help with the Drafting, Reviewing, Executing, and Challenging of Wills

Nearly half of all Americans do not have a Last Will and Testament. The most common reasons they have not established a will or any estate plan are typically a fear of difficulty, the perceived expense involved, and a feeling that they’ll get around to it another day. However, no one knows how long we have on this earth, and we cannot predict how many days we have left. If we don’t take the time to make appropriate estate planning decisions today, the family members who survive us may be paying for it tomorrow.

Every adult in South Carolina must establish their last wishes by drafting a will. With a will, they can determine how their remaining estate assets are distributed upon the event of their death, who their named executor is, and which beneficiaries shall receive what. Without a will, many of these estate matters will be decided according to state laws, taking control entirely out of your hands.

If you are considering drafting, revising, or challenging a will, it is highly recommended that you retain professional legal representation from an experienced wills attorney. Our legal team would be proud to lend you assistance in these complicated matters as you seek to complete all the necessary legal documents for your last will and testament.

Our law firm offers free, no-obligation case evaluations to prospective new clients interested in our legal services. To learn more about how we can assist you and your family in creating a will, please contact our law office to schedule your free initial consultation today.

What is the Importance of a Last Will and Testament?

A will is an essential legal document that establishes how to distribute an individual’s assets upon the event of their death. The will creator, the testator, works with an estate planning lawyer to draft, review, and revise the will. In the will, they will name a trusted individual as the executor, also known as a personal representative, whose responsibility will be to execute the language of the will, administer the estate throughout the probate process, and eventually close the estate.

Without a will or thorough estate plan, death can trigger several legal hurdles for your surviving loved ones that they must contend with while in a state of grief. This is too much to ask of them, so we must make things easier and simpler for our families, and this can be accomplished by making our wishes known with the help of an estate planning attorney.

Chad Brown Law has years of experience in the legal arena practicing several areas of law, and we would be proud to lend compassionate and experienced legal representation to you as you consider these challenging estate matters. Schedule your free consultation today.

What Should You Include in Your Will?

When drafting a will, it is highly advisable to work alongside an experienced estate plan attorney for legal assistance. As your lawyers, our legal team can help ensure that your estate plan addresses every concern, names every beneficiary, looks out for guardianship for minors, and that you have selected a proper executor for estate management.

Every will should include all important identifying information about yourself. This will help validate that you wrote the will and that the wishes established within it are yours.

All wills must have a portion that names an executor of the estate (or a personal representative). It will be their duty to carry out the instructions listed in the will, verify the will itself, handle financial and legal matters, identify beneficiaries, and distribute property according to the decedent’s wishes.

The primary purpose of every will is to name the assets you wish to become the inheritance for your heirs and beneficiaries. This should be done thoroughly, with a high attention to detail.

If you have minor children or are the primary caregiver of grandchildren, you must establish how the child will be cared for and by whom. This can be accomplished by designating guardian preferences.

Other personal wishes, such as funeral and burial requests, may also be included in your will. Arrangements for your pets should also be considered.

What Happens if You Die Without a Will in SC?

Dying without a will is known as dying intestate. When you die intestate, South Carolina law determines how your estate will be distributed, who your beneficiaries are, and who will get what.

If you want to ensure that your personal wishes are followed and that your beneficiaries receive what you want for them, it is necessary that you draft a legal will.

What is a Living Will?

The two most common types of wills in South Carolina are last wills and living wills. These are two very different legal documents.

A living will allows individuals to establish important medical preferences for their health care decisions and health care proxy if they are ever left incapacitated due to injury or illness. Living wills only become active once a medical physician has confirmed incapacity.

If you establish a living will, you can express your medical preferences for situations when you might be unable to speak for yourself.

Can a Will Be Modified?

Wills can and should be modified regularly to keep up with changing circumstances. For example, if you and your spouse created a joint will together, you will need to revise it if you are heading toward a divorce.

A will should also be modified when new children are born or after someone dies.

A will may be modified at any time before death provided the testator is of sound mind, has written the will on a paper document, and has signed the will in the company of two witnesses (who must also sign the will).

How to Challenge a Will?

Estate litigation can take several forms, often leading to great strife between surviving family members. If you have reason to dispute a will or the handling of the will, contact our law firm for legal guidance.

Common reasons for challenging a will include:
• Suspicion of undue influence or coercion.
• Allegations of fraud.
• Lack of mental capacity.
• Missing or lost will documents.
• Improper will execution.
• Misappropriation of estate wealth.
• Executor misconduct.
• Last-minute changes to a will.

Schedule a Free Consultation with Our Law Firm Today

Contact our law firm to schedule your free initial consultation today. In your case review, a wills lawyer will determine whether you need more than just a simple will and help you with your other estate planning needs.

To schedule your free initial consultation, please contact our law offices at 336-962-5373.