McLain & Lee are experienced probate lawyers with experience in not only the administration of estates, the drafting or wills but in probate litigation regarding any and all of these.
Upon an individual's death, the estate they own has to be divided between the people to whom they wanted it to go. This division is determined by a will, which is written and witnessed by the deceased during his or her lifetime. If there is no will, the South Carolina Probate Code determines who inherits the estate. This process is known as probate.
The probate process is designed to make sure that the individual's death his or her estate is divided pursuant to his or her wishes during life. This is why it is so important to make sure you have a validly prepared will. No one knows what life has in store for them so waiting until one reaches old age is not advisable. It is important for people to start thinking about making a will in their thirties and forties when most have children who may need to be provided and cared for.
The probate process is also designed to ensure that only legitimate debts of the deceased are paid to creditors. Payments to creditors are paid before the balance of the estate is distributed as required by the will. The South Carolina Probate Code allows creditors with valid claims for payment a way to file for payment for the amount(s) they are owed. However, creditors' claims must be filed with the Probate Court in which the deceased's estate is being probated by the deadline set by the South Carolina Probate Code. The whole process takes approximately one year or more to complete with complexity being the determining factor.
A will allows the orderly and correct distribution of the deceased's assets as well as giving other parties an opportunity to object or "contest" the will. There are several reasons why a will may be contested and experienced probate lawyers like McLain & Lee, should be consulted. In order for a will to be valid the person making the will must be (1) of sound mind; (2) under no outside influence; and (3) witnessed properly when writing a will. The probate process will work to ensure that these requirements were followed when the will was written and will strive to establish to the will as valid. Objections by interested parties may delay the probate process.
Writing a will is very important if an individual has a minor child or children. A will can and should establish with whom your minor child or children will live and who will manage their financial affairs upon one or both of the death of the child's or children's parents' death. It is also important to have a will if an individual has a significant estate such as real estate, property, business or large sums of money.
Making a will can be easy and straightforward if you consult experienced probate lawyers like McLain & Lee. We offer sound advice and assistance and can answer any questions you have with regard to the making of a will. The whole process can be easier and manageable if an experience probate lawyer is consulted.
A will can be complicated at time and if after one death questions are asked regarding the validity of the will an individual's assets may end up going to someone other than the person the deceased intended. By employing experienced probate lawyers like McLain & Lee to prepare your will, you can make sure that the will is prepared and signed as required by the South Carolina Probate Code and that there is minimal, if any, risk of problems with your will.
When estate planning, estate administration or the probate process goes wrong, you need a probate lawyers with litigation experience. McLain & Lee serves clients in litigation involving all types of probate and estate planning disputes.
The most common dispute is the validity of a will. When one or more provisions of a will are called into question, the disagreement may lead to litigation in the Probate Court. McLain & Lee has experience in drafting, interpreting and administering wills, as well as handling any lawsuits that may arise. Our experience allows us to quickly understand the issues in probate litigation.
Litigation in the Probate Court can also come about when the person named in the will, the personal representative, to administer the estate is negligent. When a person in this position acts in his or her best interest rather than in the interest of the estate and the person(s) to whom it will be distributed, they have breached their fiduciary duty and may be found negligent. McLain & Lee represents clients in cases asserting fiduciary negligence.
McLain & Lee understands the many situations and problems that surround both interpretation and implementation of the South Carolina Probate Code and the probate process. We can help you achieve a successful outcome with these problems and are prepared to fight for you.
McLain & Lee, LLC
| 2141-D Hoffmeyer Road
Florence, SC 29501
Post Office Box 7489 (29502)
Phone: 843-661-7373
Facsimile: 843-667-1373 | 111 Witcover Street
Marion, South Carolina 29571
Post Office Box 1096 (29571)
Phone: 843-423-1313
Facsimile: 843-423-1397 | 211 Highway 17 North Suite 105
N. Myrtle Beach, SC 29582
Post Office Box 4427 (29597)
Phone: 843-249-5353
Facsimile: 843-249-5858 |
McLain & Lee, LLC, serves clients in eastern South Carolina, including the cities of Florence, North Myrtle Beach, Charleston, Marion, Dillon, Conway, Georgetown, Loris, Darlington, Sumter, Bennettsville, and the counties Florence County, Berkley County, Charleston County, Chesterfield County, Clarendon County, Darlington County, Dillon County, Dorchester County, Georgetown County, Horry County, Kershaw County, Lee County, Marion County, Marlboro County, Richland County, Sumter County, and Williamsburg County.
