Estate Planning

Why do you need Estate Planning?

If someone passes without a proper estate plan, their property is distributed according to the state's plan. This could mean that the state decides not to follow your wishes and distributes your assets to your closest living relative. Having an estate plan in place means that you get to decide what happens to your assets after you are gone. 

Benefits of Hiring an Attorney for Estate Planning:

Estate planning without a skilled and experienced attorney can affect your loved ones in the future. At Sperry Law, we can help assure that your assets are distributed in the way that you choose. We have experience working with estate planning in both North and South Carolina. 

What we do for you:

• Review any current documents to see if changes or updates are needed.
• Listen to your needs and desires and recommend the best methods and estate planning documents to meet your specific situation.
• Draft all of your documents. 
• Ensure that your estate plan adheres to current estate laws in the state in which you reside. 

Components of an Estate Plan:

• Wills: A will is the most basic form of estate planning. It states how your assets will be distributed and who will become your estate’s personal representative or executor. 
• Trusts:  A trust is used to retain control over your assets throughout your lifetime and protect them from being wasted or mismanaged. The major advantage of which is to avoid probate administration.
• Powers of Attorney: A power of attorney is used to ensure that the appropriate parties carry out your wishes if you become incapacitated. This gives someone you trust the power to make certain decisions on your behalf. 
• Living Wills or Advance Directives: These directives detail how you would like to be cared for medically. They can dictate lifesaving measures, organ donation and end of life care. 

Estate Planning & Probate Administration

Probate Administration

What is Probate?

Probate is the general administration of a deceased person's will or the estate of a deceased person without a will. During this process, the court distributes any assets of an estate to each beneficiary or heir. 

Benefits of hiring an attorney for probate administration:

• Minimize your risk of error and inaccuracy and ensure that documents are turned in by the deadline. 
• Receive and distribute money and assets. 
• Draft essential documents to avoid problems in the future with inaccurate documents. 
• Provide support and comfort to the family. Many people are overwhelmed with the loss of a loved one and do not know where to start in terms of their estate. 

The Probate Process:

There are four main steps to the probate process. The entire probate process lasts between 8 - 12 months. 

• Opening the deceased’s estate: This includes filing the will, death certificate, and ensuring that the client is appointed as the personal representative of the estate.
• Inventory and appraisal of assets: this includes gathering and inventorying the late individual’s assets. We will determine which assets are legitimately included in the estate and which assets pass outside of probate. 
• Liability of the estate: Once the inventory is complete, any potential liabilities for the estate are identified. This phase allows creditors to file claims against the estate. We assist the personal representative in efficiently handling these creditor’s claims.
• Distribution of assets: The last step is the distribution of assets. This involves identifying each heir or beneficiary and determining how much they will receive. 

Contact us to set up a consultation or to learn more about our estate planning and probate services