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McNeish Law Firm, LLC
FAQ About Wills, Trusts and Probate

Will my heirs have to pay debts when I die?
When you die, you must publish a Notice to Creditors requesting they submit claims to the Personal Representative (PR). Eight months after the 1st publication of the Notice, the period for filing creditor's claims ends. On or before that date the PR may pay claims. If the assets of the estate are insufficient to pay all claims in full, payment is made according to a predetermined order.

Why do I need a will? I just want my wife to get everything.
If you die without a will (intestate), the court will determine who inherits your property and assets according to the South Carolina Code of Laws. Therefore, the only certain way to specify who inherits your estate is through a Last Will and Testament.

Can I stipulate that life support will never be withdrawn? Would my request by honored?
Advanced Healthcare Directives allow you to specify exactly what you desire with regard to maintaining you when you are incapacitated. A Healthcare Power of Attorney appoints someone to act based on your Directive. It is desirable for every adult to create these two items to allow your wishes to be made known to your family and healthcare providers.