Columbia Estate Litigation Attorneys
Estate Litigation Services You Can Trust
When an elder enters their gray years, they must both begin to plan their estate and be acutely aware of individuals who would like to manipulate them for selfish means. Far too often, our Columbia elder law attorney, Ms. Carrie Warner, has seen cases where elders are taken advantage by the persons closest to them or other interested parties. The results are often disastrous, including the complete dismissal of the elder’s wishes when they pass away, if nothing is done to correct the matter promptly.
We proudly assist clients with contested estate litigation cases throughout South Carolina. When you have our 15+ years of legal experience in your corner, you can feel confident that your matter will be addressed appropriately and moved towards the right solution for you and your loved ones.
With our legal counsel, you can reach conclusions in matters pertaining to:
- Will contests: If a will is contested during probate, you will likely need civil litigation to end the matter and decide on how the will should be interpreted.
- Breach of fiduciary duties: Personal representatives or trustees to an elder’s estate are permitted special responsibilities, or fiduciary duties, to help manage it. When they do not act in the best interest of the testator, they have breached their duties and caused a legal concern for everyone else.
- Conversion of assets: Dishonest parties will do what they can to gain a profit from an elder’s will or passing. We can protect your elder’s estate from financial exploitation, even if it means we must take the matter to court.
- Professional malpractice: With as many professional services you have likely retained to maintain a will, trust, or estate of your elder, you must be aware that some professionals may not act in your best interests, or act out of malpractice.
Give our team a call at (803) 994-8171 or fill out an online case evaluation form at your earliest convenience to begin.
What is an Estate Plan?
An estate plan is a set of legal documents and strategies that outline how your assets, finances, and personal affairs will be managed and distributed after your death or if you become incapacitated. It helps ensure your wishes are carried out, minimizes taxes and legal complications, and protects your loved ones.
Key components of an estate plan include:
- Will – A legal document stating how your assets should be distributed and who will take care of any minor children.
- Trust – A legal entity that holds and manages assets on behalf of beneficiaries, often used to avoid probate and provide more control over distributions.
- Power of Attorney – A document that designates someone to make financial or legal decisions on your behalf if you become incapacitated.
- Healthcare Directive (Living Will) – Specifies your medical preferences if you’re unable to communicate and appoints someone to make healthcare decisions for you.
- Beneficiary Designations – Ensuring life insurance policies, retirement accounts, and other assets have named beneficiaries to avoid probate.
- Guardianship Designations – Specifies who will take care of minor children if both parents pass away.
- Letter of Intent – Provides instructions for your executor or family about your wishes that may not be covered in legal documents.
Benefits of creating an estate plan include:
- Ensures Your Wishes Are Honored – An estate plan ensures your assets are distributed according to your desires after your death.
- Avoids Probate – It helps your heirs bypass the costly and time-consuming probate process.
- Reduces Estate Taxes & Legal Costs – Proper planning can minimize estate taxes, legal fees, and other expenses, preserving more of your wealth for your beneficiaries.
- Protects Your Loved Ones – It designates guardians for minor children and provides financial security for your family.
- Prevents Family Disputes – Clear instructions in an estate plan reduce the risk of conflicts and legal disputes among family members.
- Provides for Incapacity – It designates someone to handle your financial and healthcare decisions if you become incapacitated.
- Protects Business Interests – An estate plan ensures smooth business succession and continuity if you own a business.
- Maintains Privacy – It helps keep your personal and financial matters private by avoiding the public probate process.
- Allows Charitable Giving – Estate planning can facilitate charitable donations and provide tax benefits while ensuring your charitable wishes are fulfilled.
- Gives You Peace of Mind – Knowing that your estate is organized and your loved ones are protected brings peace of mind and security.
The Importance of Hiring an Estate Planning Lawyer
Understanding State Laws for Your Estate Plan
Most people aren’t familiar with the ins-and-outs of South Carolina’s estate planning laws. With more than 15 years of experience, Carrie Warner Attorney at Law is knowledgeable about what can and can’t be in a will, settling estate litigation disputes, establishing power of attorney and more.
Navigating Complicated Family or Financial Situations
You could need the counseling and advice of an experienced estate planning attorney for a number of reasons, including having a second (or later) marriage, owning a business, having children and more.
If you choose not to hire an attorney, the state’s department of revenue and/or the IRS could end up inheriting the majority of your estate.
Preventing Estate Litigation Disputes
Hiring a lawyer to plan your estate now can prevent you from needing one to settle legal disputes later. Using forms found on the internet or a DIY book to prepare estate planning documents could later result in your beneficiaries hiring an attorney to fix any mistakes.
Whether you are just starting to plan your estate now or in the middle of a contested litigation case, Carrie Warner Attorney at Law is here to help.
Comprehensive Assistance for Your Estate Litigation Case
Estate litigation covers a sizeable amount of laws, regulations, and guidelines. Therefore, legal counsel is advised. Specific matters related to estate litigation cases include:
- Will contests
- Breach of fiduciary duties
- Conversion of assets
- Professional malpractice
- Will preparation
- Establishing powers of attorney
- Drafting healthcare powers of attorney
- Outlining financial directives
When you are entering an estate litigation dispute, make certain that your choice of legal counsel will be able to handle any and all aspects and problems that could arise in your case. Our team can be there for you from start to finish, regardless of the simplicity or severity of what is going on in your case.
Our firm can also provide additional legal services related to estates, including:
- Will preparation
- Establishing powers of attorney
- Drafting healthcare powers of attorney
- Outlining financial directives
Start Planning Your Estate Today
It’s never too early to start planning your estate. U.S. News & World Report recommends planning your estate in your 20s. Making these decisions as early as possible (with guidance from an experienced legal counsel) can stop problems from arising later.
Already dealing with a legal dispute? Putting off necessary estate litigation is not any way to resolve the matter you are facing. You should instead choose to take the initiative and retain the services of a legal team you can trust and depend on. Columbia Elder Law Attorney Carrie Warner can provide such services and much more so you can take your mind off the legal intricacies of your case.
Contact our firm today and we can explain what we can do for you in your estate litigation case in more detail.
