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Cofield Law Firm
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Lexington, SC 29072
Wills
If you or someone you know has been involved in a motor vehicle accident that has
caused injuries and damages, then it is likely that you have many questions and concerns.
First and foremost, please seek medical attention for any physical or medical concerns or
pain that you have. You obviously want to be certain that you don't have some medical or
physical condition that needs to be addressed by a trained physician for your own well-being.
Second, if you have injuries, pain and/or symptoms following a motor vehicle accident,
and you attempt to either tough-it-out or simply wait on it to resolve, and it does not resolve, then
you are possibly taking a risk by not seeking medical attention, and you may also be providing a
foothold for an insurance company and/or its attorneys to argue that your injuries, pain or
symptoms were not related to the accident.
It is advisable to have an attorney prepare your will. A properly drafted and
witnessed will can make the process of distributing your estate much easier for
your family. You might also want to change your will throughout your life - for
example, if a new baby is born or your spouse dies. If you die without having
made adjustments in your will for family changes, these people may have a hard
time receiving the benefits you wanted them to receive.
Probating a will after death
When a person dies and leaves a will, the will's validity must be proved incourt.
The will can be either handwritten or typed, and to be effective, it must be
properly witnessed and notarized. For the will to be held valid, the court must
determine that the will meets all of the requirements for a valid will and that it has
not been canceled, revoked, changed, or superseded by another will.
Once a will is determined valid and admitted to probate, a personal representative
of the estate will need to be appointed. This personal representative of the estate
is often an "independent executor" who has broad power to wrap of the affairs of
the estate with very little court supervision.
The personal representative will typically have the authority to collect the assets
of the estate, pay the estate's debts and taxes, and distribute the estate to the
persons entitled to receive it. The type of information that must be presented to
the court depends on the type of administration designated in the will.
To properly administer an estate, you should retain an experienced attorney to
help you. Also, to make sure that the probate and administration process will be
as simple as possible for your loved ones, you should retain an attorney to help
you draft a will and any other documents that might be necessary and helpful at
your death. A little planning ahead of time will greatly ease this confusing
process later.
Rights of an estate beneficiary or a trust beneficiary
When a person dies and leaves money or property to someone else, the person
entitled to receive the money or property is called an "estate beneficiary
The person (or organization like a bank) who is responsible for handling estate
assets and distributing them to the estate beneficiaries is called a "personal
representative of the estate." The person or organization responsible for handling
trust funds and distributing them to the trust beneficiaries is called the "trustee."
The personal representatives of estates, and the trustees of trusts, all have one
thing in common - they owe what are called "fiduciary duties" to the
beneficiaries of estates and trusts.
This means that trustees and personal representatives of estates must put the
interest of beneficiaries ahead of their own personal interests. One of the
fiduciary duties that trustees and personal representatives owe to the beneficiaries
is the duty of loyalty. The duty of loyalty prohibits the trustee or estate
representative from making a personal profit off of the estate or trust funds. The
duty of loyalty prohibits the trustee or estate representative from placing himself
in a position where his self-interest may conflict with his obligations to the
beneficiaries. In many cases, a trustee or personal representative is entitled to
receive a fee for his services.
A beneficiary is entitled to be fully informed about all matters material to his or
her interest in the estate or trust. Ultimately, beneficiaries have the right to
receive an accounting for the estate or trust funds. The will or trust documents
will often specify the rights of beneficiaries, so the beneficiary has the right to
receive a copy of the will or trust document. The trustee or personal
representative is expected to exactly follow the tenns of the trust document or
will. A beneficiary has the right to ask for a court to get involved in how the trust
or estate is being handled ifthe rights of the beneficiary are not being followed.
What are Health Care Powers of Attorney, Living Wills, and Durable Powers
of Attorney?
Health Care Powers of Attorney, Living Wills and Durable Powers of Attorney
are document~ that allow you to make important decisions about your assets and
your healthcare.
A healthcare power of attorney tells your doctor whether or not you want them to
take extreme measures to prolong your life should your death become imminent.
This document only addresses the issue of extreme measures being used in the
light of an impending death. It allows you to make these decisions for yourself
and prevent your family from wrestling with this decision under very difficult
circumstances. You should take the time to talk this over with your loved ones
and consult with an attorney before executing a directive to physicians.
Powers of attorney are documents that allow you to decide who can make
decisions about you and for you should you become incapacitated. A durable
power of attorney is a document that allows you to designate the person who will
handle your financial affairs - including bank accounts, business, investments,
and real estate transactions - should you become incapacitated. A durable power of attorney for health care allows you to appoint the person who will make your
medical decisions should you become incapacitated. This document allows the
person you select to make all of your medical decisions, such as what doctors you
will see, what treatments you will receive, and other medical decisions. In both
types of powers of attorney, you can limit the power the person has and you can
change the person you designate to act for you. Because of the extent of the
powers you can grant in a power of attorney, it is very important to consult an
attorney before executing these documents.
