Palmetto Probate Blog

Although not strictly probate or elder law, I was sad to see that Monte Irvin passed away. The New York Times has a  good story here. I wish I could have seen guys like Monte Irvin, Satchel Paige, Cool Papa Bell, Martin Dihigo, and the rest play in their primes. It is amazing to think what they went through in their time. He was among the choices to break the color barrier, and he was one of the pioneers after it was broken. Here is a picture of his plaque from the Baseball Hall of Fame, and a link to his page there.

One thing that I have found is that if a family of someone who has died can communicate effectively then the probate process goes smoother. (I suppose that is the same both before and after someone passes away. Effective communication can prevent all kinds of problems. Easier said than done, I know.However, many times I go to court only to find out that the time and expense could have been avoided if the parties had communicated better (or at all.)

Deborah Matthews, an attorney in Virginia, has a great post with some ways to get this year off on the right foot with one such discussion. Check it out here.

PS-This and all my posts are for informational purposes only. I am not your attorney just because you are reading this, and this is not intended as legal advice. If you would like more information, feel free to contact me at (803) 929-0096 or mike(at)belserpa.com.

No. Probate law is different in every state. If you start poking around the internet for information, (which presumably you are because you ended up here) make sure you are getting information relevant to the right state. Just because you helped with someone’s estate in Florida, or they do it a certain way in California, doesn’t mean the same rules apply here in South Carolina.

PS-This and all my posts are for informational purposes only. I am not your attorney just because you are reading this, and this is not intended as legal advice. If you would like more information, feel free to contact me at (803) 929-0096 or mike(at)belserpa.com.

Apparently, in some states now, and in South Carolina in the old timey days, people could file their wills with the probate court while they were alive so that when they died, their heirs knew where the will was. In South Carolina, people do not file their will with the probate court while they are alive. Although some counties have a will vault with some old wills, the practice in South Carolina is for people to keep track of their own wills. For the most part, if an original will is not found, it is presumed to be destroyed. There are exceptions, of course, to this general rule.

In case you are wondering, most attorneys I know do not keep their client’s original will, either, because of liability purposes.

So if you live in South Carolina, keep that original will in a safe place!

PS-This and all my posts are for informational purposes only. I am not your attorney just because you are reading this, and this is not intended as legal advice. If you would like more information, feel free to contact me at (803) 929-0096 or mike(at)belserpa.com.

Many people keep their original estate planning documents in a safety deposit box. If the deceased was the sole owner of the box, how do you access it? South Carolina has a form for that. If you have to access the safety deposit box of someone who died, check out this form and contact the probate court. It should get you started.

If you are the personal representative of an estate in South Carolina it is worth taking a few minutes to check for unclaimed property of the decedent. (While you are at it, check for yourself, too.) This is money that is unclaimed and held by the South Carolina State Treasurer. Here is a link to the treasurer’s website.  Happy hunting!

This and all my posts are for informational purposes only. I am not your attorney just because you are reading this, and this is not intended as legal advice. If you would like more information, feel free to contact me at (803) 929-0096 or mike(at)belserpa.com.

The short answer is, although it is theoretically possible, probably not. The State of South Carolina is far down on the list of possible places where your estate goes. If you die without a will in South Carolina it is called dying intestate. Under the laws of intestacy, if you only have a surviving spouse, he or she inherits everything. If you have a spouse and children, then the spouse gets one half and the children split the other half (for example, if you have three kids, they are entitled to one sixth each.) If you only have surviving children, then they will split everything. Each predeceasing child’s share gets split amongst their children. After that, there is a whole intestacy scheme of who gets what when. (Another good reason to do a will). The state, though, is far down the list.

This blog is for information only. It is not legal advice, and I am not your attorney just because you are reading it. If you have any questions, contact an attorney for a full discussion of the issues that may be relevant to your situation.

If you are going to need help with your affairs and feel like a power of attorney is appropriate, it is best to sign one sooner rather than later. In order to have a valid power of attorney, the person signing it must have contractual capacity, that is, a person must be able to understand, at the time the contract is executed, the nature of the contract and its effect.

Many times I get calls from people worried about relatives who do not have their affairs in order. If the relative cannot understand what a power of attorney is (or can’t sign up for an insurance policy or buy a car), then it is probably too late to go in that direction. In that case, a guardianship or conservatorship (or both) may need to be established, which is usually more complicated than simply signing a power of attorney.

I will discuss guardianships and conservatorships, which are alternatives to powers of attorney, in a different post. However, don’t delay seeking out advice if you think you are going to need help with your affairs!

Important note: Nothing in this post is intended as legal advice, and I am not your attorney just because you are reading this. If you have any questions, contact a qualified attorney.

What is a durable power of attorney?

A power of attorney is a fundamental estate planning document. It allows you to authorize another person, called an attorney in fact, to act in your place. Usually a power of attorney has a long list of things that your attorney in fact can do for you. If it is durable, it means that it is effective even if your are disabled or incapacitated. In South Carolina, a power of attorney must contain special language in order to make it durable. Most forms used by attorneys that I know contain this language.

The power of attorney is possibly the most powerful document someone can sign. It can be drafted to allow someone to do everything you can do. It is important to go over the ramifications of this with your attorney. Before signing one, carefully consider the ramifications and any special circumstances you may have. Also, carefully consider who you are picking as your attorney in fact – it is critical to name someone you trust completely.

I will be writing more on this topic later.

One important reminder: this blog is for information only. It is not intended to be legal advice.