Pets And Leases: Navigating 'No Pet' Clauses and Emotional Support AnimalsPets And Leases: Navigating 'No Pet' Clauses and Emotional Support Animals

Pets And Leases: Navigating ‘No Pet’ Clauses and Emotional Support Animals

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Leasing a property comes with a multitude of considerations, and for many individuals, the question of accommodating pets can be a significant factor. Finding a harmonious balance between ‘No Pet’ clauses and the rights of tenants with Emotional Support Animals (ESA) is essential for fostering a fair and accommodating rental environment. 

While landlords have the right to protect their properties, tenants with legitimate emotional support needs are afforded legal protections. Consult with a reputable real estate attorney to learn more about your legal rights regarding ESA. 

Understanding ‘No Pet’ Clauses

Most lease agreements include a ‘No Pet’ clause as a standard provision. This clause prohibits tenants from having pets on the premises without explicit permission from the landlord. Violating this clause can lead to consequences, including fines or eviction.

From a landlord’s standpoint, ‘No Pet’ clauses are often in place to maintain the property’s condition, prevent disturbances, and manage potential liability. Landlords may be concerned about damage, noise, or allergic reactions among other tenants.

Legal Protections Afforded to Emotional Support Animals

Emotional Support Animals, prescribed by a licensed mental health professional, fall under a different category than traditional pets. Under the Fair Housing Act (FHA), tenants with ESAs are afforded certain rights, and landlords are required to make reasonable accommodations for individuals with disabilities.

Tenants seeking accommodation for an ESA must make a formal request to their landlord. This includes providing documentation from a qualified mental health professional that verifies the need for an emotional support animal due to a mental health disability. 

Landlords are obligated to make reasonable accommodations for ESAs, even in properties with ‘No Pet’ clauses. However, the accommodation must be deemed reasonable and not pose an undue burden on the property. Open and respectful communication between landlords and tenants is important. 

The key factor in accommodating ESAs is reasonableness. Landlords can evaluate factors such as the size and breed of the animal, potential property damage, and the impact on other tenants when determining the reasonableness of the accommodation.

For tenants with ESAs, thorough documentation is essential. This includes a letter from a licensed mental health professional detailing the need for an emotional support animal. Your landlord may review this documentation and make decisions based on its legitimacy.

When Can Landlords Refuse Emotional Support Animals?

Landlords are generally obligated to make reasonable accommodations for tenants with disabilities, including those who require ESAs, under the Fair Housing Act. However, there are certain circumstances in which landlords may be permitted to refuse accommodation for ESAs:

  • Undue Financial Burden: If accommodating an emotional support animal would impose an undue financial burden on the landlord, they may be exempt from the requirement. However, the burden must be significant and not merely an inconvenience.
  • Fundamental Alteration of Property: Landlords may refuse accommodation if allowing the emotional support animal would fundamentally alter the nature of the property. This could include situations where the presence of the animal poses a direct threat to the safety or health of others.
  • Insurance Restrictions: Some landlords may face insurance restrictions that could impact their ability to accommodate certain types or breeds of animals. If accommodating a specific animal would result in the violation of insurance policies, landlords may have grounds for refusal.
  • Multiple ESAs: While tenants are generally entitled to have one emotional support animal, landlords may have the right to refuse accommodation for multiple animals if it would create an undue burden or fundamentally alter the nature of the property.
  • Unreasonable Disturbance or Damage: If an emotional support animal causes significant damage to the property or creates an unreasonable disturbance, landlords may be able to refuse accommodation. However, this should be based on specific incidents and not assumptions about the behavior of all animals.
  • Incomplete or Fraudulent Documentation: Landlords have the right to request proper documentation supporting the need for an emotional support animal. If tenants fail to provide legitimate and complete documentation from a qualified mental health professional, landlords may refuse accommodation.
  • Inappropriate Species or Size: If accommodating a particular species or size of animal would be unreasonable for the property, landlords may be able to refuse accommodation. For example, accommodating a large or exotic animal in a small apartment might be deemed impractical.

What to Do If Your Landlord Denies Your Request for an Emotional Support Animal?

Initiate a conversation with your landlord to discuss your request for an ESA. Share your documentation and explain how the animal is necessary for your well-being. Try to address any concerns your landlord may have, such as potential property damage or disturbances.

If your landlord has specific concerns or requirements, consider providing additional information to address those concerns. This may include information about the animal’s behavior, training, and any insurance coverage you may have.

If your landlord rejects your request for an ESA and you believe you are entitled to accommodation under the Fair Housing Act, you should consider consulting with an attorney who specializes in fair housing laws. An attorney can provide legal advice, assess the specifics of your case, and guide you on the best course of action. 

Our Skilled Real Estate Attorneys are Ready to Help You

The seasoned attorneys at Johannesmeyer & Sawyer, PLLC, specialize in real estate law, bringing vast knowledge and experience to work through complex transactions, contracts, and disputes. Our lawyers can conduct thorough reviews, identify potential risks, and pursue effective risk mitigation strategies, providing you with confidence in your property dealings. To set up your free consultation, call 803-396-3800 or reach us online.

Funding Your Trust – The Critical Final Step to Complete Your Estate PlanFunding Your Trust – The Critical Final Step to Complete Your Estate Plan

Funding Your Trust – The Critical Final Step to Complete Your Estate Plan

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Funding your trust is probably the most important final step that transforms your estate plan from a conceptual framework into a robust and actionable strategy. By taking the time to identify, allocate, and protect your assets through proper funding, you provide a solid foundation for the realization of your legacy. By engaging with experienced estate planning attorneys, you can streamline the funding process, securing the comprehensive estate plan you have diligently crafted.

What Does Funding a Trust Mean?

Creating a trust involves establishing a legal entity to hold and manage your assets during your lifetime and distribute them according to your wishes after your passing. However, for a trust to serve its intended purpose, it needs to be funded.

Funding a trust refers to the process of transferring assets into the trust’s ownership. This involves retitling assets from individual ownership to the name of the trust. The goal is to ensure that the trust has legal ownership and control over the specified assets. The assets commonly involved in trust funding include real estate, financial accounts, personal property, and other valuable items. 

Properly funding a trust is essential for it to fulfill its intended purpose, such as avoiding probate, providing for beneficiaries, and facilitating a smooth transfer of assets according to the terms outlined in the trust document.

The Significance of Funding Your Trust

Asset Protection

Funding your trust provides a layer of protection for your assets. By placing them within the trust, they become subject to the trust’s terms and conditions, safeguarding them from potential challenges or disputes.

Probate Avoidance

One of the primary advantages of establishing a trust is the potential to avoid probate. Probate is a legal process that validates a will and oversees the distribution of assets. By funding your trust, you enable a seamless transfer of assets outside of probate, saving time and costs for your heirs.

Privacy Preservation

Probate proceedings are a matter of public record, exposing your estate details to the public. By funding your trust, you maintain a higher level of privacy, as the distribution of assets occurs privately within the framework of the trust.

Ensuring Smooth Succession

Funding a trust ensures that the assets are readily available for distribution according to your specified instructions. This facilitates a smoother succession process, minimizing delays and complications for your beneficiaries.

Getting started on estate planning is commendable. You have already outlined your wishes and protected your assets. You should speak with a trusted estate planning lawyer as soon as possible to make sure your wishes are turned into reality upon your passing. 

Key Tips to Fund Your Trust and Complete Your Estate Plan

  • Conduct a comprehensive review of your assets, identifying those aligning with your estate planning goals.
  • Consult with an experienced estate planning attorney to handle the legal processes, especially for real estate transfers.
  • Regularly review and update beneficiary designations on financial accounts and insurance policies to align with your trust.
  • Contact financial institutions promptly to re-title accounts in the name of the trust.
  • Strategically transfer ownership of valuable or sentimental personal property to the trust.
  • Engage in ongoing discussions with legal and financial professionals to adapt your trust as circumstances change.
  • Create customized funding strategies for each asset type.
  • Inform successors and trustees about the existence and details of the trust, ensuring they understand its purpose.

How Can an Attorney Help with Funding Your Trust?

An experienced estate planning lawyer can play a vital role in assisting with the funding of a trust. Here’s how:

  • Asset Review: Your attorney can conduct a comprehensive review of your assets to identify those that should be transferred into the trust. This includes real estate, financial accounts, personal property, and other relevant assets.
  • Legal Guidance: They can provide legal guidance on the proper procedures for transferring different types of assets into the trust. Real estate, for example, may require specific documentation and legal processes.
  • Document Preparation: This may include drafting deeds for real estate transfers, preparing assignment documents for personal property, and ensuring that the necessary paperwork is completed accurately.
  • Financial Account Coordination: Your lawyer will coordinate with financial institutions to ensure the proper re-titling of accounts in the name of the trust. This may involve updating beneficiary designations on bank accounts, investment portfolios, and retirement plans.
  • Coordination with Other Professionals: They will collaborate with other professionals, such as financial advisors or accountants, to ensure a seamless transfer of assets and to address any tax implications associated with the funding process.
  • Resolution of Legal Issues: Your attorney will address any legal issues that may arise during the funding process, such as resolving title discrepancies for real estate or handling legal requirements for specific asset transfers.
  • Ensuring Compliance: The law firm you retain will ensure that the funding process complies with state laws and regulations. Different states may have specific requirements for the transfer of certain types of assets, and an attorney can help work through these complexities.
  • Post-Funding Review: Your lawyer will conduct a post-funding review to ensure that all intended assets have been successfully transferred into the trust. This helps identify and address any oversights or discrepancies.

Choose a Dedicated Estate Planning Lawyer to Protect Your Rights

The estate planning lawyers at Johannesmeyer & Sawyer, PLLC bring a wealth of knowledge and experience to address your specific concerns related to trust funding and estate planning. We have successfully assisted numerous clients in creating robust, customized estate plans that withstand the test of time. To request your free and confidential consultation, call us at 803-396-3800 or complete this online form.

Why Planning for Incapacity Is EssentialWhy Planning for Incapacity Is Essential

Why Planning for Incapacity Is Essential

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It’s human nature to avoid spending mental energy thinking about things that make us uncomfortable or are particularly challenging. One such topic that fits into these categories is the idea of being so ill or experiencing some sort of medical emergency that a person is no longer able to care for or even make decisions for themselves. While planning for incapacity may indeed feel morbid and daunting, it’s something that can ensure that your needs are met and that your loved ones understand what you want. 

At the law office of Johannesmeyer & Sawyer, PLLC, our estate planning attorneys can help you plan for incapacity, as well as navigate other elements of your estate plan. Reach out to us today to get started.

What Is Incapacity Planning?

Incapacity planning is one facet of estate planning. This element of planning is a process that involves the creation of myriad legal documents that help you to protect your wealth, your spouse, your beneficiaries, and your wishes, while also authorizing specific individuals to make determinations on your behalf pertaining to your healthcare, your finances, or both. These types of legal documents and decisions can be changed at a later time in the event that your circumstances shift but having them in place now is a key part of preparing for the unknown and ensuring that you’re ready in the event of an unforeseen event. 

Why Is Planning for Incapacity So Important?

One of the most important reasons that incapacity planning is essential is simply that it puts the power of decision-making in your hands. In the event that you experience a healthcare crisis that leaves you unable to make decisions, you may not be able to express your wishes as they pertain to life-saving care, the use of oxygen or other life-maintaining measures, certain surgeries, organ donation, palliative care, etc.—making these preferences clear in advance provides peace of mind.

In addition to protecting your own preferences, incapacity planning also provides clear guidance for your loved ones and is a gift for them, too. For a spouse and adult children, it can be very difficult to know what to do in these types of situations, whether when discussing medical care, financial or business decisions, funeral and burial preferences, or something else related to the settling of the estate. By being proactive by making these decisions in advance, your family members are able to execute on your wishes without the pressure and potential conflict that can come with decision making. 

Essential Elements of Incapacity Planning

If you are ready to take steps towards creating an estate plan that incorporates incapacity planning, there are a few essential documents that you will need. Two of the most important include:

  • Power of attorney. A power of attorney is a legal document that gives another person the legal authority to make determinations on your behalf. There are two types of powers of attorney: healthcare powers of attorney and financial powers of attorney. The former allows a person to make medical choices; the latter is used to designate authority to make financial or business decisions. Talk with your spouse about who should serve as your power of attorney and make these determinations if you are incapacitated.

 

  • Living will/advance directive. A living will, also called an advance directive, outlines your wishes for your medical care if the day comes when you are unable to express those wishes because you are physically or cognitively incapacitated. These preferences and guidelines will be used to direct medical professionals in your treatment. 

In addition to the above documents, it’s also a good idea to shore up the other elements of your estate plan, too. For example, do you have a last will and testament, and have you placed assets into a trust for your beneficiaries? Should you experience a medical emergency, both you and your surviving loved ones will appreciate that you’ve taken a thoughtful approach to planning. 

Call Our Estate Planning Lawyers Today 

No one wants to think about the day when they are no longer here, or what may happen if they become incapacitated and unable to make or articulate decisions. While planning for this can be difficult, it’s one of the most important things that you’ll do. At the office of Johannesmeyer & Sawyer, PLLC, our experienced estate planning lawyers will work with you on planning for incapacity, recognizing the sensitive nature of doing so and the weight of these legal documents. 

To learn more about how we can help and why we’re the experienced team you should trust, call us directly at (803) 396-3800 or send us a message using the intake form on our website. We keep your information confidential. 

Estate Planning for Baby BoomersEstate Planning for Baby Boomers

Estate Planning for Baby Boomers

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Those born between the mid-1940s through the mid-1960s are at a critical point in their life today. Most of these baby boomers have stopped working entirely or are nearing retirement age, and many are thinking about what will come next in their third act of life. For these people and their families, estate planning is of critical importance. At the office of Johannesmeyer & Sawyer, PLLC, we provide estate planning services you can trust. Reach out to us today for a consultation to get started. 

Are Baby Boomers Ready for Retirement?

While each person’s financial situation is unique, as a cohort, baby boomers tend to be less ready for retirement than members of the previous generation. While there’s no easy answer to explain this, one theory is that baby boomers grew up during a time when the economy was more stable, which led to more consumer confidence and more spending. This is in contrast to earlier generations who lived through wars and the Great Depression—those in these time periods were often more frugal as a result.

What Should Baby Boomers Think About When Estate Planning?

Unfortunately, while many baby boomers are thinking about retiring any day and many may even be approaching their end-of-life years, too few have a solid estate plan in place. Here are some things that baby boomers should be thinking about when estate planning: 

  • Long-term health care. Baby boomers are aging, and as they do, they may face medical concerns and other health issues. While no one likes to think about the necessity of a nursing home or an in-home health aid, it’s a reality that people should be prepared for. Long-term care insurance can help a family be able to afford the cost of essential care in old age. Your estate planning lawyer can also guide you through other insurance options that may be important as you age

 

  • Charity donations. As part of a person’s estate plan, they may want to contribute some of their wealth to a charitable organization. These types of donations should be planned well in advance to avoid the logistical and legal challenges that can fall on surviving family members. 


  • Providing for your legacy. One of the most important parts of creating an estate plan—and indeed the reason that may be most personal to you—is to ensure that your loved ones are provided for. Through estate planning, you can pass on assets and wealth to your children and grandchildren, as well as anyone else of significance in your life. A well-formed estate plan ensures that your beneficiaries will be taken care of even after you’re gone. 


  • Family assets. Not only can you use an estate plan to provide for charities and pass on wealth, but also to protect important family assets and ensure they stay in the family. You can also use your estate plan to avoid taxes and protect assets in the event of litigation. If you place items in a trust, they will avoid the probate process. 


  • Special needs for any family members. If any of your family members, such as your children or grandchildren, have special needs and will require additional care once you’re gone, your estate plan can be used to assign a guardian, provide financial support, provide special instructions, and otherwise ensure that they are well cared for.


  • End-of-life care. Thinking about end-of-life care can feel intimidating and even morbid, but knowing that you have a plan in place can provide peace of mind and a sense of security for both yourself and your loved ones. Creating legal documents such as a will, advance directive, and power of attorney that outline who you want to make determinations about your medical care and finances if you are unable to, whether you want life-saving medical measures to be taken, your feelings on palliative care, and more put you in control of your future. 

Get the Legal Help You Need When Creating Your Estate Plan 

As a baby boomer, now is the time to be thinking about your legacy and the future of not only yourself but also those you love the most. At the law office of Johannesmeyer & Sawyer, PLLC, our estate planning attorneys help clients like you put together a plan that makes sense based on your financial situation, your plans for the remaining years of your life, and your family. To learn more about our legal services and how to start planning for your estate, reach out to us today at (803) 396-3800 or send us a confidential message online. 

How to Discuss Your Estate Plan Goals with Your Loved OnesHow to Discuss Your Estate Plan Goals with Your Loved Ones

How to Discuss Your Estate Plan Goals with Your Loved Ones

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Discussing your estate plan goals with loved ones is a proactive and considerate step toward fostering trust and unity within your family. By approaching the conversation with transparency, empathy, and a focus on shared values, you can handle this essential dialogue with grace and ensure that your estate plan reflects the collective well-being of your loved ones. An experienced estate planning attorney can help you ensure your wishes regarding your legacy are fulfilled.

Avoid Estate Planning Pitfalls with Open Communication

Seek Professional Facilitation

It’s always advisable to involve a professional facilitator, such as an estate planning attorney or financial advisor, to guide the conversation. Their experience and professional skills can provide structure and ensure that all relevant topics are covered thoroughly.

Express Your Intentions Clearly

Start the conversation by expressing your intentions clearly and honestly. Communicate the purpose of the discussion and emphasize that it is about ensuring everyone’s well-being and understanding the family’s future plans.

Provide Context for Your Decisions

When discussing specific decisions within your estate plan, provide context for your choices. Explain the reasoning behind your decisions, whether it is choosing a particular guardian for your children or designating beneficiaries. This context helps loved ones understand your perspective.

Encourage Questions and Feedback

You should create an environment where your loved ones feel comfortable asking questions and providing feedback. Encourage an open dialogue to address any concerns, clarify uncertainties, and ensure everyone is on the same page.

Be Mindful of Emotional Responses

Estate planning discussions can evoke strong emotions. You need to be mindful of potential emotional responses from family members and approach the conversation with empathy. Acknowledge and validate their feelings, and reassure them that the purpose is to plan for the future with everyone’s best interests in mind.

Involve Relevant Parties

Include all relevant parties in the discussion. This may include spouses, children, and any individuals named in the estate plan. Ensuring that everyone has a clear understanding of their roles and responsibilities fosters cooperation and minimizes potential conflicts.

Address Potential Challenges Head-On

You should proactively address potential challenges or concerns that may arise from your estate plan. Whether it is an unequal distribution of assets or a decision that may be perceived as unexpected, addressing these matters directly helps prevent misunderstandings.

Follow-Up and Revise as Needed

Estate planning discussions are ongoing. You should follow up with your loved ones periodically, especially after significant life events, to ensure that your estate plan remains aligned with evolving circumstances. Be open to revising your plan as required to accommodate changing needs.

Why is Communicating Your Estate Plan Goals Important?

Open communication helps prevent misunderstandings among family members. Clearly articulating your intentions and the rationale behind your estate plan reduces the likelihood of misinterpretations or disputes. These are a few other benefits of talking about your estate plan with your loved ones:

  • Asset Distribution Strategy: Clearly communicating your estate plan goals ensures that family members understand the strategy behind the distribution of assets. This includes detailing how specific assets will be allocated, which can have significant financial implications for beneficiaries.
  • Tax Efficiency: Estate plans often incorporate strategies to minimize tax liabilities. By discussing these aspects with family members, you provide clarity on the tax-efficient measures in place, helping them understand the financial benefits and implications of the plan.
  • Business Succession Planning: In cases where family businesses are involved, transparent communication about the estate plan is essential for business succession planning. This includes addressing how the business will be transferred, funded, or managed to ensure financial continuity.
  • Investment Strategies: Estate plans often outline investment strategies for managing assets. Discussing these strategies with family members allows them to understand the financial approach taken and how it aligns with the overall financial goals of the family.
  • Debt Management: Clearly communicating provisions for debt management within the estate plan is important. This includes addressing how outstanding debts will be handled and whether specific assets are allocated for debt settlement.
  • Liquidity Considerations: Estate plans need to account for liquidity needs, especially to cover immediate expenses, taxes, or distribution of assets. Discussing liquidity considerations ensures that family members are aware of financial provisions in place to address these needs.
  • Trust Strategies: Many estate plans involve the use of trusts for various purposes, including asset protection and distribution. Communicating the strategies behind these trusts ensures that family members understand the financial mechanisms in place and how they contribute to long-term security.

Benefits of Involving Your Estate Planning Attorney in the Discussion 

Attorneys can translate complex legal language and financial terms into plain, understandable language. They can organize and facilitate family meetings to discuss the estate plan. This structured environment allows for open communication. Competent lawyers can create comprehensive documentation that outlines the various aspects of the estate plan and use visual aids, such as charts or presentations, to illustrate financial concepts within the estate plan.

Your lawyer can initiate discussions around family governance as it relates to the monetary aspects of the estate plan. This involves clarifying roles and responsibilities, especially for those involved in the execution and management of different elements.

Choose Our Trusted Estate Planning Lawyers for the Right Legal Advice and Support

At Johannesmeyer & Sawyer, PLLC, we offer a comprehensive suite of services to cover every aspect of your estate plan. Whether you are establishing trusts, drafting wills, or planning for business succession, our attorneys can offer customized solutions to align with your specific goals. To schedule your free and confidential consultation, call us at 803-396-3800 or fill out this online contact form.

New Year’s Resolutions for Estate PlanningNew Year’s Resolutions for Estate Planning

New Year’s Resolutions for Estate Planning

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As we roll into 2024, there are surely dozens of potential items that could be added to your New Year’s resolution list, many likely related to your health. From working out more to eating better, getting healthy doesn’t have to end at your waistline. Instead, you should also be thinking about getting your finances in shape this year. At Johannesmeyer & Sawyer, PLLC, our experienced lawyers can help you identify and execute your New Year’s resolutions for estate planning. Call us directly today for a consultation to get started.

Get Knowledgeable

The first place to start when estate planning, and something that you can easily kick off in early January, is to get more familiar with your financial situation. Take some time to get your accounts in order, take inventory of your assets, and start to identify some of your goals for your financial future. For example, when do you want to retire? If you’re a business owner, do you know what you want to do with your business when you’re ready to stop working? Do you want to be able to make a charitable contribution as part of your will? Have you added any new assets in recent years that need to be added to your will or placed in a trust? 

Knowing where you stand and what you want is essential for being able to create your estate planning documents. While most of these documents can be modified at a later date, you want to be very comfortable with your estate plan at the time you create it.

Identify Your Beneficiaries

As part of the process of reviewing your assets and your goals, you’ll also want to identify your beneficiaries. Are there any new children or grandchildren that need to be added to your list of beneficiaries? Do you know how you want to provide for your beneficiaries? For example, have you considered establishing a trust to protect your assets?

Create a Will and Trust

A will is a legal document that outlines how your property and assets should be divided at the time of your death. A will can also be used to identify a guardian for any minor children, make charitable contributions, and even provide for surviving pets. A trust is another type of estate planning document that can be used to keep assets, which are managed by a trustee, for a beneficiary. Many people have both a will and a trust, as each can provide unique benefits.

Create a Living Will/Advanced Directive

No one likes to think about a day when they may be unable to make decisions due to a health condition or severe accident; however, it is impossible to predict when that day may come, and therefore being prepared is important. A living will, also known as an advance directive, is a legal document that outlines your wishes for medical treatment in the event that you are unable to communicate. For example, an advanced directive can provide doctors with guidance on choices related to treatment if you are terminally ill, in a coma, or require life-saving treatment.

Set Up a Power of Attorney

Just like creating a living will, which will guide others in executing your wishes in the event that you are unable to communicate them, a power of attorney is another important legal document. A power of attorney is used to appoint someone who can make decisions about your healthcare, finances, or both in the event that you are incapacitated and unable to do so yourself.

Discuss Your Estate Plan with Your Loved Ones

Once you have created your will, set up a trust, and drafted legal documents such as an advanced directive and power of attorney, it’s strongly recommended that you discuss your decisions with your loved ones. In the event that you die, your loved ones will take comfort in knowing that your wishes for yourself and your estate have already been outlined—making these decisions can be difficult and contentious for family members to do. 

Call an Estate Planning Attorney Today

One of the first steps in turning your New Year’s resolutions for estate planning into reality is to find an estate planning attorney near you with experience that you trust. At the law office of Johannesmeyer & Sawyer, PLLC, our lawyers have decades of experience and a reputation for excellence. To learn more about our estate planning services and how to get started, reach out to us by phone or online today. We’re reachable at (803) 396-3800, or by filling out the online contact form on our website.