M. Banks & Associates, PC always offers
a free initial consultation.
Our specialties are:
- Real Estate Closings
- LLC & Corporate Law
- Family Law
- Contract Negotiation and Litigation
- Construction Law
- Guardian ad Litem
- Estate & Probate Law
- Criminal Law
Estate & Probate Law - Easing the Pain while Protecting Your Life's Work
When it comes to small business and estate planning, you can rely on M. Banks and Assoc. They specialize in legally securing your personal choices for your health care and estate planning needs.
Who do you want to handle your financial affairs if you are incapacitated?
Have you appointed someone to make critical health care decisions if you are not able to do so?
Wills & Living Wills
If you die without a will (known as dying "intestate") in South Carolina, your assets will be divided according to the existing SC Code of Laws on the date of your death. Any then living blood relatives can challenge the administration of your estate, possibly leaving your spouse and children struggling to keep their home and basic necessities while the Courts decide who inherits your estate. According to the 2008 SC Probate Code your spouse and biological children will split your estate equally if not challenged by any other relative related by blood or adoption. If stepchildren are involved they will be automatically excluded unless they have been legally adopted. If you do not have a spouse or children, your entire estate will go to your parents if they are living, if not, your entire estate could revert to the state.
Durable Power of Attorney
A Durable Power of Attorney appoints someone you trust to handle your assets, banking and other financial necessities if you become incapacitated for any reason whether short or long term. You do not need to transfer any assets at the time you create your DPOA; however, you should let the person you choose know that you have entrusted them with this potential responsibility.
Health Care Power of Attorney
The Health Care Power of Attorney (also known as a Health Care Directive in other states) permits health care providers to discuss your condition with your designees as well as expresses your wishes regarding organ donation, life-sustaining equipment and feeding tubes in situations where you are unable to express your wishes.
Living Wills
A living Will allows for death with dignity. By leaving a Living Will you make the choice of whether or not to have your life sustained solely by artificial means. it is a common misconception that a spouse or child can make this decision. Since the passing of the HIPPA statute Living Wills must be in writing and signed by the person making the choice.
Trusts
If your gross estate exceeds certain limits that are set by the Internal Revenue Service than a trust could be beneficial to your heirs. Since there are several different types of trusts all of which have different impacts on your estate plan it is advisable to consult an attorney in order to select the trust vehicle that best suits your estate planning needs.