South Carolina Legal Application

An executor of a will cannot take everything unless they are the will's sole beneficiary.However, the executor cannot modify the terms of the will. As a fiduciary, the executor has a legal duty to act in the beneficiaries and estate's best interests and distribute the assets according to the will.

A Last Will and Testament only takes care of your stuff (your assets). A Living Will only takes care of your self (your health care). Having either one of these documents is good it's better than nothing! But having both (or otherwise addressing both sides of estate planning) is better.

Bank accounts. Brokerage or investment accounts. Retirement accounts and pension plans. A life insurance policy.

While you can write your own last will and testament, it's very important to follow your state's requirements. If the court finds it invalid, someone other than your chosen executor could handle your estate and distribute your assets differently than you intended.

Yes, a last will and testament normally must be filed with the court. That applies whether or not the estate is going to probate.Also, if you are in possession of a signed will, most states legally require you to file the will with the appropriate county court if you are the executor.

Property in a living trust. One of the ways to avoid probate is to set up a living trust. Retirement plan proceeds, including money from a pension, IRA, or 401(k) Stocks and bonds held in beneficiary. Proceeds from a payable-on-death bank account.

You and your spouse may have one of the most common types of estate plans between married couples, which is a simple will leaving everything to each other. With this type of plan, you leave all of your assets outright to your surviving spouse. The kids or other beneficiaries only get something after you are both gone.

You don't have to get a lawyer to draft your will. It's perfectly legal to write your own will, and any number of products exist to help you with this, from software programs to will-writing kits to the packet of forms you can pick up at your local drugstore.

A will can also be declared invalid if someone proves in court that it was procured by undue influence. This usually involves some evil-doer who occupies a position of trust -- for example, a caregiver or adult child -- manipulating a vulnerable person to leave all, or most, of his property to the manipulator instead