Things Clients Should Know - Stay Away From Self-Made Wills
Almost everyone has heard the age-old legal adage, "Anyone who represents himself has a fool for a client." When you prepare your own will you are representing yourself and you - please forgive us - are a fool of a client. One of the most important legal documents you will ever sign is your will. We have seen many cases in the Charleston, S.C. area where self-made wills were either invalid altogether, did not accomplish the decedent's goals, or caused the probate process to be more expensive. Although you may think it is a simple process, it can be very complicated. South Carolina law requires that two people must witness you signing your will. If you only had one witness or no witnesses then your will is invalid. If either of the witnesses is a child, or the spouse of a child, what effect does that have on the will? Does South Carolina law allow your executor (officially known as "personal representative") to sell your real estate without a court order if you did not include such a power in the will? What happens to the share of a beneficiary named in your will who predeceases you? Did you name an alternate executor in case your first choice cannot serve? Are life insurance proceeds controlled by your will? Did you establish a trust in your will to handle the money for a beneficiary who might be too young to receive an inheritance outright? If you can't answer all of these questions, you need a lawyer. Wills prepared by competent attorneys are usually relatively inexpensive. The risks involved in preparing your own will far outweigh the costs of having a lawyer prepare it for you.
- 1 year ago
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