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December 26, 2016

The Benefit of a Probate Lawyer in South Carolina

probate law attorney in Greenville SC

A probate attorney in South Carolina is a very useful resource when you’re dealing with the aftermath of the loss of a loved one. These legal professionals are capable of guiding you through the probate process and dealing with any disputes that may arise. Probate can be stressful for the beneficiaries and the executors of a will, not just because they are likely grieving deeply for their loss, but also because a lot of people don’t fully understand the process. Probate can be very complicated, with a lot of contentious factors, and it really helps to have the assistance, guidance, and direction of a South Carolina probate attorney there to sort through these challenges.

What Issues Can a South Carolina Probate Attorney Assist With?

There are a wide variety of issues and concerns that your South Carolina probate attorney can help you with. For starters, your attorney can handle the process of filing the will with the appropriate SC probate court, determining a useful strategy for ensuring that the probate process goes smoothly, fairly, and quickly, without disputes and unnecessary delays. Your attorney can also locate the relevant assets, collect them, and transfer them from the deceased person to the estate and its beneficiaries.

A South Carolina probate lawyer can also handle the process of closing accounts, opening accounts, paying the necessary taxes on the estate, and locating the heirs. There are also the necessary issues of valuing the estate, managing and preserving it, and ultimately liquidating the estate of your deceased loved one. If experts are required to settle any issues, your attorney can locate and hire them. If any unusual issues arise or if there are disputes, your attorney will know how to address these.

What Kind of Disputes Can Arise in the South Carolina Probate Process?

Many times, the probate process is simple and straightforward without any disputes, and this is the best case scenario. However, there are some estate cases that seem to be just that simple, but end up with disputes, anyway. This is not uncommon because the loss of a loved one is a stressful and emotional situation, to begin with; and if there are multiple heirs, then it not unusual for disputes to arise between them. Someone might challenge the will of the deceased person or they may dispute the person who has been named as the executor of that will. Sometimes, they will even dispute decisions that are made by the judge and the court system.

Some of the most common disputes in South Carolina probate issues include the assertion that the deceased party was under undue influence or duress when they wrote their will, that the deceased party is not capable of executing the will, that there has been a breach of fiduciary duties, or that an elderly individual was exploited in some way, leading to unjust decisions. There are cases where elderly persons are taken advantage of, and this is one of the most common probate disputes that we see. It is especially suspicious when the given person made changes to their estate plans while suffering from issues like dementia or after being unduly manipulated by someone in a position to take advantage of their declining health or mental incapacity. If it is determined that this is the case, then it is possible for any changes that were made to the will under these circumstances to be invalidated by the courts.

Facing South Carolina Probate Disputes Without a Lawyer

It is very common for people to attempt to deal with these South Carolina probate disputes without an attorney. Some people have too much faith in the probate court or too little faith in lawyers. Unfortunately, the probate courts are not going to investigate the situation. You may voice a concern or a dispute, only to find that there is no evidence available to support what you say, and the judge certainly isn’t going to look for that evidence. If you or anyone else has concerns or disputes during the probate process, you need these issues to be investigated and for evidence to be presented. This is not the job of the judge or the court, but the job of your experienced South Carolina probate lawyer. Contact Anderson Law Firm today to make sure that the probate process goes as smoothly as possible.