Probate Administration

Charleston, SC lawyer Rick Callison has worked with personal representatives administering estates, creditors of estates, and others interested in the probate administration process. Probate lawyers help you understand the duties in probate court and timelines.

OPENING THE PROBATE ESTATE

The first step in probate administration is to have a personal representative appointed and the estate opened. The personal representative communicates with the probate court, heirs, devisees in a last will in testament, and creditors. The goal of probate is to accumulate estate assets, satisfy creditors, and distribute the estate. The job of the probate attorney is to work with the personal representative or other interested party to get the probate estate administered as efficiently as possible.

CREDITORS OF THE ESTATE

Probate estate creditors have a window of time in which to present claims. The personal representative or probate attorney will communicate with creditors to resolve the claim. If the parties cannot agree, the issues are resolved by a hearing in the probate court. Because of this adversarial nature, individuals often seek the counsel of a probate administration lawyer to help guide the process.

INVENTORIES, ACCOUNTINGS, NOTICES AND OTHER FILINGS

An estate administration attorney helps a personal representative properly and timely file a number of items. This will usually include an application for appointment and probate of will, notice to creditors, information to heirs and devisees, inventory and appraisement, deed of distribution, final accounting, proposal for distribution, and verified statement to close, among other filings. Each filing must be made at the right time and in the proper manner. Personal representatives can use the help of probate lawyers to work through the process.

FAMILY SETTLEMENT AGREEMENTS

Families can come together to agree on what otherwise might be a dispute. There is sometimes a need to document the agreement. A probate attorney can help make sure a family settlement agreement is memorialized so that the probate estate can move towards closure. Please reach out to Charleston Attorney Rick Callison to talk about how your family settlement agreement can be drafted.

Business Law

BUSINESS FORMATION

There are a number of hats worn by a business formation lawyer. The business must select a form such as a limited liability company (LLC) or S corporation. The appropriate papers must be filed with the state. An LLC will need an operating agreement while an S corp needs corporate bylaws. A business formation attorney wants to be sure contracts are in place. This might include employment contracts, independent contractor agreements, buy sell agreements, non-compete agreements, confidentiality agreements, liability waivers, and so on. A business lawyer works with you to make sure you business is established properly and protected when operations begin.

ASSET PROTECTION

Business formation can be used by an asset protection lawyer to preserve your wealth. Asset protection is often considered in connection with estate planning. Multiple LLCs are sometimes used as an asset protection device to separate business operations and real estate holdings. The strategies used by a business attorney are customized to your areas of exposure.

SECURITIES AND PRIVATE EQUITY

If your business is considering private equity as a funding source, you should speak with a securities lawyer. The regulations imposed on securities and private equity offerings are significant. The consequences of non-compliance are robust. The job of a private equity lawyer is to thoroughly document the transaction while making all required disclosures. In many cases, a private equity attorney will be required to prepare and submit items to state and federal bodies. The help of a securities attorney is often critical.

CONTRACT REVIEW AND BREACH OF CONTRACT

Attorney Rick Callison takes the time to meticulously inspect contracts that are presented to him. A contract review attorney can alert you to your liability and suggest revisions based on experience. We are here to assist you in preparing and negotiating contracts as well. We can also provide support in the event that you have breached a contract or somebody has breached their contract with you.

PRENUPTIAL AGREEMENTS

Prenuptial agreement lawyers help clients in drafting contracts or reviewing agreements prepared by spouses to be. There are rights and duties associated with marriage and divorce that are important to consider. A prenuptial agreement attorney helps you understand those rights and obligations in connection with your agreement.

Estate Planning

Whether you are in need of an estate planning attorney for a routine will or something more complex involving, wills, trusts, powers of attorney, LLCs, and beyond, our services are as unique as your circumstances. A common misconception is that estate planning is all about where assets go when you are gone. While that is an important consideration, there are a number of decisions related to your financial and medical care while you are living in any estate plan. A Charleston, SC wills and estates lawyer can assist you. Contact Attorney Rick Callison about your estate plan.

LAST WILL AND TESTAMENT

A Charleston, SC will attorney can help you determine your needs but a last will and testament will always be recommended. A will is your chance to direct where your assets will go. Without it, intestacy laws control. The lengthy probate administration process can be more straightforward with a last will and testament in place. Wills can interact with trusts. What is the right will for you depends on your finances, goals, family circumstances, and other considerations. Above everything else, it is important that you are advised by an estate planning lawyer to make sure your last will and testament operates how you want it to and is executed with proper formalities.

TRUSTS

Another job of the wills and estates attorney is to introduce you to trusts that are available. You can consult with a trust attorney about what structure is a fit. A trust might be for family needs as with a special needs trust, pet trust, or gun trust. Often, trusts are used to soften the burden of probate administration. A living trust and other variations remove assets from your estate. Trusts are frequently used for tax efficiency as well. If you are interested in talking with a trust lawyer about a living trust, special needs trust, gun trust, pet trust, or something else, please give Attorney Rick Callison a call.

POWER OF ATTORNEY

A power of attorney lawyer can help whenever the situation calls for a person to act on another’s behalf. An effective estate plan generally incorporates a general durable power of attorney and a healthcare power of attorney. The general durable power of attorney seeks to get in front of legal issues that arise when somebody becomes incompetent. Without it, conservatorship proceedings may be necessary. A healthcare power of attorney allows you to make certain medical decisions ahead of a time when you can no longer communicate your desires. A living will has similar goals. Other power of attorney types are more reactionary. Estate planning attorneys can review all of your options with you.