Estate Attorney in South Carolina

Charleston Business & Personal Lawyers
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What is an Estate Attorney?

The surprising thing about when anyone passes away is the amount of bureaucracy involved in the business of death. In many cases your friends and family are left with the burden of dealing with this unfamiliar paperwork. It would therefore be wise to appoint an estate attorney to understand what you want, and to put into language so that the legal system can honor your wishes.

The role is to add up your assets to determine your net worth. This would include property and land, plus personal property like bank accounts, insurances etc, and household items including vehicles or anything of value. There could be complications if anything is jointly owned, and you may also want to share something with more than one person. Basically we identify all the assets to determine what you have to your name.

Like most lawyers, to practice this type of law you have to obtain a degree, and pass the bar exam for the state you wish to practice in. They need to know all the intricacies of Wills, and be able to offer advice on what it can provide and what options are available, and even if you think your assets are easy to understand, it is worth getting this advice to make sure everything is accounted for.

Engaging such a lawyer may seem unnecessary at first, but in most cases they will open your eyes to things you were not aware of and can be very helpful in the long run. The laws surrounding inheritance can be a minefield on your own, so having someone to guide you will allow you to be confident that your assets are going to the right people and that they are not burdened unnecessarily.

image of estate attorney at work
An estate attorney helps develop an adequate plan that takes the responsibility off your family of others when you pass.

There may be federal taxes that apply, but it is state law that determines what goes into a Will to make it valid. Your lawyer must have full understanding of the federal and state laws that affect you and your case, and update documents when you move to a new state. Practicing out of Charleston means we have knowledge of the state laws in South Carolina as well as federal law and taxes, but we are also aware of other states and their different laws.

Creditors have many ways to lay claim on your assets, and insurers have a million ways to wriggle out of full payments, so appointing an estate attorney would give you peace of mind knowing that you have made sure there are no surprises once you are gone.

Estate Lawyer FAQs

Assets and Plans

This is the process of arranging your affairs to give to loved ones when you pass away. Everyone needs a plan, even if you have few assets, because it’s your opportunity to dictate what happens with your money, property, and other items. If you don’t create one, the state will dictate what happens with your stuff.

Typically they include wills, titling deeds, naming a power of attorney, and often setting up a trust.

Yes, we will be able to advise you if you have a case under federal Fair Labor Standards Act as well as whether there are state causes of action.

The laws are very helpful for the employee when you have not been paid. You may be eligible to get attorneys fees plus additional damages for nonpayment. The statute provides for treble damages but that typically requires a boss to behave in bad faith (more than just a mistake) to have access to treble damages.

You must reimburse all workers for hours worked and money earned. The PTO policy governs whether you owe that to someone or not. Written policies can provide that no PTO is paid out and also that an employer may deduct certain things like missing items from the final amount. But, without a clear policy, you should not take these deductions from the last check without careful consideration.

Wills and Trusts

As firms grow, this is a great way to pull together all of the policies of the company into one place. It also can serve as an audit by having you detail your current practices on everything from PTO to absences to disciplining to wages and much more.

Yes, you can if you do it correctly. You need to have a written policy (in your handbook) and you must still pay pro rata.

This is a question you must get correct because most are eligible for overtime. All people who work for you are nonexempt (so OT and other FLSA rules apply) unless they fit an exemption. Those are Executives, Administrative staff, professionals, and independent sales positions. Each of these has specific rules to meet the exemption. Here’s a great summary right from the people that make the rules in the Department of Labor.

Investigate immediately. You should have a sexual harassment policy, set a culture that doesn’t tolerate this behavior, and then take action. Always take these complaints seriously. There are services that can do investigations for you as well.

Meet George Fowler, Your Estate Attorney in Charleston SC

mage of employment attorney Wesley Henderson
Wesley has 15 years of experience in representing both businesses and individuals as an employment lawyer.

George, a graduate of University of Missouri and of University of Missouri School of Law, joined Henderson & Henderson law firm in October 2020. He remembers:

A new mom from Charleston came to us with questions about who would take care of her kids if something happened to her and her husband. She wasn’t sure where to start but wanted to make sure she was well prepared. We reviewed and explained all the options so we could help her make the best decisions for her family.

The entire process took less than a month and we walked through everything from a will to a trust to healthcare power of attorney, with our full understanding of the laws in South Carolina.
George Fowler

Learn more about estate planning, about George Fowler, and contact him for any question.

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