Wills, Trust & Estates

What are the requirements for a Will?

A person who is of sound mind and who is not a minor may make a will. Every will, shall be in writing signed by the testator or in the testator’s name by some other person in the testator’s presence and by his direction, and shall be signed by at least two persons each of whom witnessed either the signing or the testator’s acknowledgment of the signature or of the will.

Is my out of state Will valid here in South Carolina?

The South Carolina Probate Code provides that a written will is valid if executed in compliance with Section 62-2-502 either at the time of execution or at the date of the testator’s death or if its execution complies with the law at the time of execution of (1) the place where the will is executed, or (2) the place where the testator is domiciled at the time of execution or at the time of death. It is always advisable to have your out of state will reviewed by a South Carolina licensed attorney.

What is a General Power of Attorney?

Document whereby the Principal grants to another person, the Agent, the right to manage his assets and must act in the Principal’s best interest.

What is involved in a Healthcare Power of Attorney/Living Will?

In planning for health care decision making, there are generally three areas the professional must deal with. They are: (1) life vs. death, i.e., should medical treatment be refused or withdrawn, (2) medical decisions that do not involve life and death issues, and (3) who will make the decision.

If I don’t have a Healthcare Power of Attorney, who makes a decision:

Under the Adult Health Care Consent Act, the order of priority is: (1) POA; (2) Spouse; (3) Adult Children; (4) Parents, and (5) Adult siblings. HOWEVER, THE RIGHT TO MAKE DECISIONS UNDER THIS ACT DOES NOT EXTEND TO TERMINATION OR WITHHOLDING OF LIFE SUSTAINING TREATMENT WITHOUT EVIDENCE THAT PATIENT DESIRES IT.