Most people in Surfside Beach have preferences about what should be done with their property after they die. This is why the process of estate planning exists - it allows people to make a broad range of decisions related to this issue.

Estate planning often requires the advice of a legal and/or financial expert, because the issues involved can be complicated, and are considered by most to be very important. A flawed estate plan might create conflict between your survivors, resulting in your intentions not being given effect.

In addition to post-death decisions, estate planning also concerns matters that might affect you during your life, such as granting power of attorney to a family member or trusted friend in case you become unable to make your own decisions regarding your finances or medical care. Furthermore, effective estate planning can minimize the impact that estate taxes and court fees will have on your final disposition to your loved ones.

A competent estate planner in Surfside Beach can make the process of planning your estate go much more smoothly, and maximize the chances of your wishes actually being carried out with legal force.

Common Features of Surfside Beach Estates

Will: This is a legal document which transfers ownership of the testator's (the person making the will) property to named beneficiaries after the testator's death. The beneficiaries can be just about anyone the testator chooses, but smaller estates, usually only include family members, and maybe very close friends. If you want, you can place conditions on gifts (say, leaving a certain amount of money to your son, but only if he graduates college before he turns 25 - this is just an example). However, a will can't actually compel anyone to do anything, and some conditional gifts won't be enforced, typically because they involve an illegal act, or require a person to marry or refrain from marrying a specific person.

Living Will: A living will contains instructions about your medical care, generally for the purpose of informing your family and doctors of your preferences if you suddenly become incapacitated. A living will is very important if you have any strong preferences in this area. It should be written with the advice of a doctor, so you know the exact medical consequences of your decisions, and a lawyer, so it is virtually guaranteed to be legally binding.

Power of Attorney: Power of attorney, while important, is not to be used lightly. This is because it involves granting someone else the power to make legally-binding decisions on your behalf. Usually, your spouse will automatically have power of attorney if you become incapacitated. If you are not married, however, you need to make a document explicitly granting that authority to someone you trust (a life partner or close family member, for instance).

Funeral Arrangements: You should make it very clear to the people handling your funeral what type of funeral you want, and what you want done with your body. You should not put these instructions in your will, because wills are often not read until days or weeks after the testator dies, by which point it may be too late to give their wishes on this subject effect.

Do I Need a Surfside Beach Estates Lawyer?

A poorly drafted or executed Surfside Beach estate plan can have major negative consequences. For example, it might be confusing to the people who are most directly affected by it. This confusion can often lead to costly litigation. For that reason, the assistance of an experienced estate planning attorney can be invaluable.