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ESTATE PLANNING AND PROBATE PRACTICE AREAS |
Estate Planning and Administration
No matter how young, every person should have a well thought out estate plan to prepare for his death and/or disability. In addition to incorporating general estate and disability planning documents, such as wills, trusts and powers of attorney, we provide our clients with advice regarding the appropriate titling of their assets and deciding on appropriate designations of beneficiaries for investment accounts and life insurance as part of our client's overall estate plan. As added value, the representation includes a perspective on the challenges the client’s family and/or heirs might encounter in event of the client’s disability and in the finalization of the client’s estate.
Contact Angela Kirby, Amy Landers May or Artie White for more information |
Fiduciary Appointments
We are frequently asked by our clients to serve as fiduciaries to them in capacities such as attorney-in-fact, personal representative and trustees and by the Courts to serve as Guardian ad Litem, Guardian, Conservator, Personal Representative, Special Administrator and Trustee. We treat each appointment with special attention and employ appropriate professionals, such as accountants and social workers, to assist our clients’ financial, physical, mental and emotional needs are met to the best of our ability.
Contact Angela Kirby or Amy Landers May for more information |
Guardianships and Conservatorships
Our team represents clients seeking to work to obtain court authority to make decisions regarding the assets and/or health decisions of their loved one, whether he be a minor or an incapacitated adult. We assist our clients in the filing of the necessary paperwork for the initial appointment. In addition, we guide them through the process of serving in these fiduciary capacities and maintaining their ethical and reporting responsibilities to their ward and the Courts.
Contact Angela Kirby or Amy Landers May for more information |
International Asset Protection
Certain foreign trusts, annuities, insurance products and foreign foundations may be tools for estate planning and asset protection purposes. There may be savings for a person to settle part of his assets into a trust, foundation, annuity or insurance product vehicle, including savings for beneficiaries. Our attorneys can help you accomplish needed asset protection.
Contact Amy Landers May for more information |
Medicaid and Medicare Issues
Our team has knowledge and is able to assist clients in the complicated world of government benefits, including benefits and eligibility requirements for Medicare and Medicaid Government Health Insurance Benefits. From deciding which Medicare Part D benefit plan is the best for the client to assessing eligibility for long term care benefits under Medicaid, we are able to provide much needed direction and information to ensure coverage for our clients.
Contact Amy Landers May for more information |
Probate Litigation
Despite the best laid estate plans, litigation in the probate court under an estate, guardianship and conservatorship, or a trust is sometimes necessary to protect the interests of heirs and the appointment of fiduciaries. The attorneys in our Trusts and Estates Team call on the experience of our Litigation Department to provide representation in this area, which draws on the experience of multiple disciplines to assist our clients with their goals.
Contact Angela Kirby, Amy Landers May or Bob Wood for more information |
Special and Supplemental Needs Trusts
Whether stemming from in-influx funds from a lawsuit as a way to protect the assets of a disabled adult, or as a component of an estate planning of parents of children with disabilities, these trusts may provide a tool to protect the assets of disabled individuals while still allowing the individual to receive government benefits. Our team has the knowledge and experience to assist families in the implementation and administration of these trusts. From the process of establishment of the trust to finding the right trustee for the client’s needs to advice regarding the duties and responsibilities of the trustee, our clients count on our one-on-one individualized attention.
Contact Angela Kirby or Amy Landers May for more information |
Trust and Estate Administration
From the filing of the initial petition for appointment to the finalization of the closing documentation, we provide our clients with step by step assistance through the process of probating their loved one’s estate. Our team has experience preparing required filings and handling claims of creditors, including estate recovery claims from governmental entities and valuation of assets. Once the estate is ready to be closed, we advise our clients in cost efficient and equitable methods of distribution to the heirs of the estate. In addition, we are able to advise trustees of their fiduciary obligations to beneficiaries of the trust and advise trustees of their duties and obligations under the new South Carolina Trust Code.
Contact Angela Kirby, Amy Landers May or Artie White for more information |
U.S. Virgin Islands EDC Program
Our attorneys work with United States Virgin Islands Economic Development Commission (EDC) companies for United States Virgin Islands (USVI) tax benefit programs. RTT has defended taxpayers in IRS audits and EDC audits involving the USVI EDC program.
Contact Paul Platte for more information |
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