Monthly Archives: October 2017

As the personal representative what kind of things do I need to think about before I settle my friend’s estate?

Estates vary widely, but basically you have to focus on three areas – taxes and administrative expenses, final bills of the decedent and distributions.   Very few estates have to pay federal or South Carolina estate taxes as an individual can currently pass $5.43 million under the exemption provisions before any taxes are due.  However, the personal...
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My father named my mother, then me as his attorney-in-facts in a financial power of attorney. Both my parents are now in care facilities and not competent. Am I automatically in charge or does something more need to be done?

That depends on the terms set forth in the document itself, but even if no stated triggers are mentioned before you can serve as alternate agent, like a doctor’s letter, I suggest you obtain a letter from her physician that your mother is unable to handle her own financial affairs and those of another.  Then...
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What is a life estate deed?

The short answer is a life estate deed separates ownership of real property between two different parties.  Often, but not always, the parties are the parents or one parent, and a child or more than one child, and sometimes grandchildren.   One party gets life time use of the property and the other receives the property...
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If someone dies in a car accident and he is not at fault, who receives the insurance settlement monies, the people named in the will or the heirs-at- law?

The proceeds of a wrongful death action are paid to the statutory wrongful death beneficiaries or the intestate heirs.  This is often the spouse and children, with grandchildren receiving the portion of their pre-deceased parent.  The spouse gets 50% and the children split 50% equally between them.   If there are no children the spouse gets...
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