resources & guidance
Estate planning questions, answered simply.
You don’t need to become an estate planning expert before you make a plan. These resources are here to help you understand some of the concepts and questions that often come up, explore your options, and feel more prepared for the decisions ahead.
estate planning basics
Four tools you may hear about as you start planning.
Estate planning comes with its own vocabulary, and you don’t need to know all of it before you begin. Here’s a simple introduction to four common planning tools and the different jobs they can do.
Will
A will provides instructions for how certain property should be handled after your death and allows you to name the person you want to administer your estate. It can also address other important decisions, including planning for minor children.
Trust
A trust provides a way to hold and manage assets according to instructions you establish. Depending on the type of trust and your goals, it can address how assets are managed during your lifetime, after your death, or both.
Financial Power of Attorney
A financial power of attorney allows you to give someone you trust authority to handle financial or legal matters on your behalf. The authority granted depends on the document and can be tailored to the role you want that person to have.
Health Care Planning
Health care planning can help you address who should make or participate in medical decisions if you cannot make or communicate them yourself. It can also provide a way to document certain wishes concerning your care.
common questions
A few things you may be wondering.
You don’t need to have estate planning figured out before you begin. Here are answers to a few questions that often come up early in the process.
Do I need an estate plan if I don’t have a lot of assets?
You don’t need to have significant wealth for estate planning to matter. A plan can address much more than who receives your property. It can also help you decide who you would trust to handle important financial or health care matters if you couldn’t handle them yourself, who should take responsibility for settling your estate, and how you want the people you care about considered in your plan.
What’s the difference between a will and a trust?
A will and a trust can both be part of an estate plan, but they work differently. A will generally provides instructions for matters that are addressed through your estate after death. A trust can hold and manage assets according to the terms you establish and, depending on the type of trust, may operate during your lifetime as well as after your death. A trust also doesn’t necessarily eliminate the need for a will. Which tools belong in your plan depends on your circumstances, your assets, and what you want your plan to accomplish.
What happens if I die without a will?
If you die without a valid will, the law of the applicable state provides rules for who receives property that passes through your probate estate. Those rules may produce a different result from what you would have chosen for yourself. Creating a will gives you the opportunity to make your own decisions about the disposition of probate property and who you would like to handle the administration of your estate, subject to applicable law.
What does incapacity planning actually mean?
Estate planning isn’t limited to planning for what happens after your death. It can also include preparing for a time when an illness, injury, or other circumstance leaves you unable to handle certain decisions yourself. Incapacity planning can give you an opportunity to choose people you trust to act for you and put documents in place that address financial and health care decision-making.
when life changes
When might it be time to review your plan?
Your estate plan is built around your circumstances, so changes in your life can be a good reason to take another look. Consider reviewing your plan after events such as:
— Marriage, divorce, or separation
— Birth or adoption of a child
— Buying or selling a home
— Moving to another state
— A significant change in assets
— Starting or selling a business
— Changes in family relationships
— A change in the people named in your plan
— Changes in your planning priorities
— A plan you haven’t reviewed in years
A life change doesn’t necessarily mean your estate plan needs to change, but it can be a good reason to review your documents and make sure they still reflect your circumstances and wishes.
have more questions?
Your questions don’t have to end here.
Estate planning is personal, and general information can only take you so far. When you’re ready to talk about your own circumstances, we can work through your questions and consider what planning options may make sense for you.
Serving clients throughout South Carolina.
The Law Office of Lauren Olan, LLC
For what matters now—and what comes next.
Lauren Olan, Attorney
P.O. Box 84
Johns Island, SC 29457
843-806-2641
Principal practice location
Charleston County, South Carolina
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