You owe it to yourself and your loved ones to start planning for the future. It's never too early to start but, if you wait long enough, it may be come too late.
We provide wills, trusts and elder law services for all types of families, including older adults, families with young children and people with special needs.
As you navigate this page, you will become familiar with some of the areas of Elder Law that go beyond Wills and Powers of Attorney.
Probate is the official process by which an estate gets settled under the supervision of the court. Usually, a person is named as the Executor or Personal Representative as set forth in a deceased persons Will and appointed by the court. Once appointed by the court, this person has legal authority to administer the estate, pay bills, taxes and ultimately distribute assets to the heirs and beneficiaries.
A revocable trust is a trust that can be modified or revoked at any time during the lifetime of the trust's creator. Assets are transferred into the name of the trust. Unlike a Will, which much pass through the probate process, a revocable living trust does not require the involvement of the court in most cases. There are many types of revocable trusts and we can help you choose the right one for your unique situation.
Special needs trusts, also called supplemental needs trusts, allow heirs or beneficiaries with special needs to receive inheritances without jeopardizing their eligibility for government benefit programs like Medicaid and Social Security Disability Income (SSDI). Like all trusts, special needs trusts are financial arrangements that place the assets of the trust's creator under the care of a trustee for the benefit of named beneficiaries.
Medicaid is a complex series of benefits programs established by the federal government and administered by each state for its citizens. While there are several different elements under the umbrella of Medicaid, the Medicaid Long-Term Care program is one that many seniors rely on for help when they require ongoing care. At the Elder Law & Estate Planning Center, we help aging individuals plan, apply, and qualify for Medicaid benefits while protecting and preserving assets for their descendants.
If you have a family member or friend who is struggling to manage their own affairs due to a health issue or disability, you may be able to help by seeking an adult guardianship. Guardianship of an adult can be granted in South Carolina if the adult is found to be disabled and in need of assistance. The process of obtaining guardianship can be complex, but we can help. We will work with you in determining the type of guardianship that is needed and filing your request in court. We can also assist you in carrying out your duties as guardian for your loved one.
A asset protection trust also know as a Medicaid compliant trust (MCT) holds and protects assets. It offers flexibility and control of the Revocable Living Trust while still being able to protect your assets from nursing homes. The trust creator decides what assets go into the trust, where money is invested and also names the beneficiaries. Guidance from a qualified attorney is essential to make sure the plan is sound and to provide you with peace of mind regarding the effectiveness of your plan.
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Elder Law Center, 10 Pinckney Colony Rd, Suite 400, Bluffton, South Carolina 29910
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