Charleston Estate Planning Lawyer

Charleston Estate Planning Attorney

Estate planning is not just for older generations or people with large estates. It’s a crucial step for anyone who wants to ensure their assets are distributed according to their wishes, protect their loved ones, and avoid legal complications. Whether you have a modest estate or significant assets, you can rely on the services of a Charleston estate planning lawyer to help you prepare for the future or the unexpected.

What Happens During Estate Planning?

Wills are an integral part of estate planning that many people are aware of. Estate planning should begin early in adulthood. As part of your comprehensive estate planning, these and other areas can be addressed and revisited as you age and grow your estate.

• Wills: Also known as a last will and testament, a will is an important legal document that details how your property and assets should be distributed to heirs and beneficiaries. Wills can include details about how the assets are distributed. Typically, a will names one person as the executor. It can also name a guardian for your minor children. A will goes into effect when you die.
• Living wills: As the name suggests, a living will can go into effect while you are alive. These important legal documents outline what types of medical treatments you wish to have in case you are unable to express your wishes. Those medical decisions commonly include directives for when to administer or not administer life-prolonging interventions.
• Trusts: A trust is a legal entity where you place your property and assets. The document outlines instructions for how your assets will be distributed after your death by the named trustee.
• Living trusts: A living trust is a revocable trust you control during your lifetime. Upon your death, your named successor trustee follows your instructions to transfer your estate to your beneficiaries.
• Power of attorney: This document authorizes someone to make decisions on your behalf in the event that you are incapacitated. The person who makes decisions for you is called an agent. They can be granted limited powers for the duration of your incapacitation. These powers often include the authority to make decisions on financial, property, and tax-related matters. A medical power of attorney allows someone you trust to make medical decisions on your behalf.

Not every person requires all of these components of estate planning. Once you find a trusted and reputable estate planning attorney, they can help you map out your estate plan. Estate plans should be revisited throughout your life as your financial assets and life goals change and evolve.

Benefits of Estate Planning

A shocking 67% of Americans do not have an estate plan in place. Estate planning can greatly reduce the burden on your family when you pass. Without proper and thorough estate planning, your relatives may not know how you want to divide and settle your estate. This can lead to unneeded litigation in court.

Effective estate planning minimizes estate and other taxes. It also ensures financial support for your preferred charities, provides for the care of disabled family members, and plans for business succession. Failing to take proper steps to plan the settling of your estate can lead to disputes among heirs and significant asset losses through taxes or litigation.

Estate planning also provides benefits for you during your lifetime. You can have peace of mind knowing that your wishes will be honored if you are unable to make those decisions due to incapacitation or other reasons.

Why Charlestonians Trust Wooton, Davis, Hussell & Johnson, PLLC

It can be hard to find a trusted law firm for important matters like estate planning. At Wooton, Davis, Hussell & Johnson, PLLC, our lawyers are not only experienced and knowledgeable but also personable and approachable.

We build strong professional relationships one client at a time by taking the time to understand our client’s needs and goals. We are well-respected litigators in West Virginia, and we are known for our years of experience across various practice areas. We prioritize ensuring that you understand your case so you are empowered to make informed decisions.

Whether you need an attorney to map out your estate plan or assist with estate planning-related litigation, you can trust our law firm to provide comprehensive and robust legal representation.

Estate Planning FAQs

Q: How Long Does an Executor Have to Settle an Estate in West Virginia?

A: Following the death of the decedent, a close relative or estate administrator must apply to the county to formally begin the process of settling the estate within 30 days of the death. Creditors have two years to make claims on the estate, and the estate must be settled within five years.

Q: What Makes a Will Invalid in West Virginia?

A: If the testator was not of sound mind when making the will, it may be deemed invalid. If the will was created under undue influence or fraud, it can be invalidated. A will that has been legally revoked by the testator through a written document or by destroying it is no longer valid.

Errors or ambiguities in the will that affect its clarity or the testator’s intentions can also lead to invalidation. These problems can be avoided by involving a trusted estate planning attorney when drafting and executing a will.

Q: Can I Write My Own Will and Have It Notarized in West Virginia?

A: Yes. You can write your own will in West Virginia. For a will to be valid, it must be in writing and signed by the person making the will. If the will is not written entirely by the testator, it must be signed or acknowledged in front of at least two witnesses, who must also sign it in front of the testator and each other.

Any errors or inconsistencies in the will could lead to the document being invalidated. You can ensure that your will is honored following your death by having it drafted and executed with the help of an experienced estate planning attorney.

Q: How Much Does an Estate Have to Be Worth to Go to Probate in West Virginia?

A: A small estate in West Virginia is any estate valued under $50,000. Small estates do not have to go through probate in West Virginia. To ensure that your family complies with state probate law, it is advisable to consult with an estate planning attorney regardless of the estate’s size. A probate attorney can make sure that the estate of your deceased loved one does not have to go through the probate process.

Schedule Your Charleston Estate Planning Consultation Today

Whether you are beginning your estate planning journey or want to revisit an existing plan, we’re here to help. Charlestonians have trusted Wooton, Davis, Hussell & Johnson, PLLC, to handle their estate planning needs for many years.

Our firm has built its reputation on reliable and well-researched legal representation for years. We look forward to serving you and your family. Contact our office today to schedule your consultation.