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Gibson Law Firm, LLC

(843) 534-5613

Hours of Operation
Monday - Friday, 8 a.m.-5 p.m.
After-Hour Appointments Available


Why Do I Need a Will?

A will designates in writing who inherits your assets. If you pass away without one, the state decides, without regard to your wishes or your heirs' needs. Intestacy laws vary considerably from state to state, but generally, when you die and leave behind a spouse and kids, your assets are split between your surviving mate and children. If you're single with no children, then the state is likely to decide who among your blood relatives will inherit your estate. Making a last will and testament is especially important for people with young children because it is the best way to transfer guardianship of minors.


Making Changes

You may amend your will at any time. In fact, it's a good idea to review it periodically and especially when your marital status changes. At the same time, review your beneficiary designations for your 401(k), IRA, pension, and life insurance policy since those accounts will be transferred automatically to your named beneficiaries when you die.

Combined with a Trust

A will is also useful when you have a trust, a legal mechanism that allows you to put conditions on how your assets are distributed after you die and often lets you minimize gift and estate taxes. However, you still need a will since most trusts deal only with specific assets, such as life insurance or a piece of property, but not the sum total of your holdings.

Even if you have what's known as a revocable living trust, in which you can put the bulk of your assets, you still need a pour-over will. In addition to letting you name a guardian for your children, a pour-over will ensures all the assets you intended to put into the trust are put there even if you fail to retitle some of them before your death.

Any assets not retitled in the name of the trust are considered subject to probate. As a result, if you haven't specified in a will who should receive those assets, a court may decide to distribute them to heirs you did not choose.

Wills and Family Law

To learn more about how a will benefits you, call Gibson Law Firm LLC in North Charleston, South Carolina, today. We also help with family law issues, including divorce and child custody.