Probate Lawyers in Beaufort, South Carolina

The lawyers at Jolley Law Group, with an office based in Beaufort, South Carolina, can help you and your family navigate the probate process. Probate can involve many different steps and can sometimes involve administration in different states or estate litigation. If you have been named the executor of an estate, you have an immense responsibility and it’s understandable to feel overwhelmed while also grieving the loss of a loved one. Let our Beaufort probate lawyers help you navigate the probate process, every step of the way.

Executor Duties Explained: Key Responsibilities in Probate Estate Management

The executor of an estate is the person nominated by a deceased individual to manage his or her affairs after death. When writing a Last Will, a person can appoint almost anyone for this role, including his or her accountant, lawyer, trusted friend or family member. If no one is appointed as executor, the probate court may appoint a person or entity to serve. Because the process can be complex, you may want to speak to a probate lawyer in Beaufort, South Carolina with Jolley Law Group if you have been appointed as the executor of an estate.

Some responsibilities of the executor include:

·     Obtaining the deceased person’s death certificate.

·     Opening probate administration, by providing the original will and death certificate to the Probate Court.

·     Notifying beneficiaries, creditors, and other stakeholders that the person has passed away.

·     Compiling a list of debts and assets of the estate and possibly having assets valued or appraised.

·     Paying all outstanding taxes and debts of the estate.

·     Notifying creditors of the individual’s death by publishing an official notice.

·     Appearing in court and handling any issues that arise, including disputes or a contested will.

·     Distributing assets and property to heirs as provided by the Last Will.

The executor of the estate has a fiduciary obligation or duty to act in the best interest of the beneficiaries of the estate. Issues can arise if an executor fails to manage the estate properly, so some executors choose to engage a probate lawyer to help navigate the process. The probate attorneys in Beaufort, South Carolina with Jolley Law Group are here to help you if you have been named executor of an estate and have questions about next steps.

Navigating Estate Litigation: How can a Probate Litigation Lawyer Help?

Will disputes can arise if a beneficiary claims the Last Will doesn’t reflect the deceased person’s wishes. While most wills pass through probate without dispute, here are some common reasons why a will gets contested in court:

·      Lack of Capacity. If the will was revised or modified after a family member’s mental or physical health significantly declined, or under circumstances when the individual’s capacity is questionable, i.e., mental illness, influence of drugs or alcohol, etc., beneficiaries may claim the individual lacked capacity to write or revise the will.

·      Undue Influence. If the deceased person was influenced or manipulated to change the terms of a will, beneficiaries may dispute the validity of the will. If a will deviates significantly from intestate laws, the will is often strictly scrutinized during probate.

·      Forgery. If the will is fraudulent or a forgery, beneficiaries may dispute the validity of the will. If there is more than one version of a will, the new will is often strictly scrutinized during probate.

·      Ambiguities. If a will contains ambiguities in its language, beneficiaries may dispute differing interpretations of the language of the will. By hiring an estate planning attorney to help you write your will, you may avoid such issues in probate.

·      Execution of the Will. If the will wasn’t formally witnessed or signed, beneficiaries may dispute the validity of the will. Again, an estate planning attorney can help you avoid such issues. South Carolina has specific requirements for execution of a valid will. It must be written, signed, and witnessed by two disinterested persons.

If you are concerned you might face a will dispute during probate, the will dispute lawyers in Beaufort, South Carolina at the Jolley Law Group are here to help. Our will dispute attorneys can work with you to either challenge a flawed or fraudulent will, or assist you in navigating the complexities of getting a contested will through probate. If your family is particularly litigious, the attorneys in Beaufort, South Carolina with Jolley Law Group may be able to help you.

Understanding Probate Litigation: How Can I Contest a Will?

If you are a beneficiary of an estate and anticipate your loved one’s Last Will may be contested in court, either because of ambiguities, issues with execution, the existence of multiple drafts, or simply because you have a highly litigious family, the lawyers with Jolley Law Group in Beaufort, South Carolina may be able to help you. Our attorneys are here to help you navigate the process, fight for your rights, and help you protect your loved one’s legacy, estate, and wishes.

Even if you don’t anticipate difficulties with probate, a probate attorney can give you the peace of mind and guidance you need to navigate the process while grieving the loss of a loved one. You don’t have to proceed alone. Call the lawyers in Beaufort, South Carolina with Jolley Law Group today at 854-236-6500.