Q. How do I know if I need a revocable or irrevocable trust? A. You should consult with a legal professional that handles both kinds of trusts. Provide a clear explanation of your goals and the assets you are planning…
Q. Any updates on how a fiduciary accesses digital assets? A. South Carolina passed the Uniform Fiduciary Access to Digital Assets Act in 2016 which gives agents under a duly authorizing power of attorney, or a trustee, personal representative and…
Q. I am named as personal representative in my father’s will. Can I sell his car immediately after his death so I don’t have to make the payments and start distributing other personal property from the house the day of…
Q. I have claimed my mother as a dependent in the past for tax purposes. Are there any tax breaks left to help me with those high in-home care expenses? A. Maybe. It is true you can no longer claim…
Q. Should I complete a Medicaid application for my Mother on my own? A. It depends. Often relatives are able to fill out the forms and pull together 90% to 100% of what Medicaid needs without any help. I encourage…
Q. My mother has some fault in a small car accident. I’m concerned that she doesn’t have enough car insurance and think she should place her life savings beyond the reach of a lawsuit. Your thoughts? A. Your Mother’s insurance…
Q. I’ve been told I have a terminal condition and want to make arrangements for my pets. What can you tell me about pet trusts in South Carolina? A. With all the tail-wagging-welcomes, purring and petting, companionship, play, love, protection…
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?…
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…
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…
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