At Brittain Law we believe that we possess an approachable style that we feel puts our clients at ease and establishes the kind of close relationships necessary to provide them with individual estate planning, and peace of mind. By working with clients throughout the various stages of life, we assist in managing and protecting their assets.
Traditionally regarded as an area of law dealing with the disposition of assets and property following death, estate planning is a process that can significantly increase the benefit and protection for your assets for your own use, for pre-retirement, post-retirement, or in the event of a period of illness or incapacity. We provide experience, knowledge, and determination to incorporate practical applications of trust, estate, and business laws to meet client’s needs and objectives. The goal is to provide reasonable solutions to sustainable funding throughout life.
Estate planning is about providing protection for your assets, meeting your financial goals, as well as future generations' needs and goals.
A will is a legal document that determines who receives your assets following death. There are limitations as beneficiaries on insurance accounts, financial accounts and other assets often take precedence over wills. A will also allows you to name an executor who will be in charge of your estate.
A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of beneficiaries. The trust can be directed in many ways and specify how assets are distributed to the beneficiaries. It is effective as an estate plan as it usually avoids probate; your beneficiaries may receive assets more quickly than from a will, and could reduce taxes. It allows for control of your finances and the protection of your legacy.
A guardianship is a legal right given to a person to be responsible for a person who is deemed to be partially, or fully incapable of providing for food, housing, and other necessities for themselves. In some jurisdictions, a guardian may also be responsible for the assets and finances of a person deemed incapable of providing for themselves.
Powers of Attorney
A Power of Attorney is a legal document that gives someone you appoint the power to act on your behalf if you become incapacitated, and stays in effect until you are able to handle matters on your own. With the power of attorney, the person appointed will be legally permitted to take care of important matters for you including, but not limited to: paying bills, managing your investments, and directing your medical care.
Probate is the court supervised process of determining the authenticity of the decedents last will and testament, locating and determining the value of any assets, paying any final bills, estate taxes or inheritance taxes, and distribution of remaining assets to the rightful heirs. This will usually include the appointment of a Personal Representative, or Executor to oversee the probate on behalf of the state.
One of the benefits of proper estate planning is to minimize the possibility of a dispute to arise from the distribution of assets, determine the proper roles for rightful heirs, and assign executors. When a conflict develops regarding a will, a trust, or an accusation is made, a representative or executor has failed to live up to their duties.
Brittain Law is located in Myrtle Beach, South Carolina and serves clients throughout South Carolina. Our firm serves both Plaintiffs and Defendants in legal disputes. Please contact us today for a free initial consultation. 843-449-8562