Estate Planning

How Do You Choose an Executor for Your Will in South Carolina?

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In the quiet moments when we contemplate the legacy we leave behind, our minds often drift to the “what” the family home in North Main, the savings account at a local credit union, or the small business built from the ground up in Spartanburg. However, estate planning is rarely just about assets. It is fundamentally about trust.

When you draft a Last Will and Testament, you are not simply listing possessions; you are appointing a pilot for a very turbulent flight. This person, your Personal Representative (often called an executor), will step into your shoes the moment you are gone. They will stand before the judge at the Greenville County Probate Court, negotiate with creditors, and manage the delicate emotions of grieving family members.

Choosing this person is perhaps the most significant decision in your entire estate plan. It requires looking beyond who you like the most to see who is actually capable of navigating the legal and logistical maze of South Carolina probate.

What Does a South Carolina Personal Representative Actually Do?

A Personal Representative in South Carolina is a court-appointed fiduciary responsible for gathering estate assets, paying valid debts and taxes, and distributing the remaining property to beneficiaries. This role involves strict legal deadlines, potential personal liability, and significant administrative work that typically lasts from six months to over a year.

Before you write a name on the dotted line, you must understand the job description. In South Carolina, the term “Executor” is often used interchangeably with “Personal Representative.” Regardless of the title, the role is a fiduciary one, meaning they have a legal duty to act in the best interests of the estate and its beneficiaries.

This is not a ceremonial title. It is a job that involves hours of paperwork, potential liability, and distinct administrative tasks. Once the Probate Court appoints them, their duties become the law of the transaction for your estate. They must manage a complex checklist of responsibilities that includes:

  • Locating and Filing the Will: They must locate the original Last Will and Testament, which can sometimes be difficult if it was stored in a safe deposit box or a personal safe, and file it with the Probate Court in the county where you resided (e.g., Greenville, Anderson, or Spartanburg). This crucial step must typically be completed within 30 days of the decedent’s death to initiate the probate process.
  • Inventorying Assets: They must meticulously identify, document, and appraise every asset you own, no matter how small, from checking accounts, stocks, and bonds to tangible personal property and real estate. This often involves verifying legal descriptions on deeds and recorded plats in the county records to ensure the “street address” matches the legally recognized property boundaries and ownership records.
  • Notifying Creditors: They are legally required to publish a formal Notice to Creditors in a local newspaper of general circulation (like The Greenville News) and mail specific notices to all known creditors. This action sets in motion a statutory period during which creditors can file formal claims against the estate for outstanding debts.
  • Managing Real Estate: If the estate includes a home, rental property, or any other real estate, the executor assumes the role equivalent to the seller. They must handle all required state and federal disclosures, answering detailed questions about the property’s condition, including the roof, foundation, and potential environmental hazards like lead paint or asbestos. They must also ensure that property taxes, which are paid in arrears in South Carolina, are accurately prorated between the estate and the buyer at the time of closing.
  • Final Accounting: They are ultimately responsible for presenting a comprehensive, detailed accounting of every financial transaction—every penny that entered and left the estate—to the beneficiaries and the court. This meticulous record must be approved by the Probate Court before it will grant permission for the final distribution of assets and formally allow the estate to be legally closed.

Who Is Eligible to Serve as an Executor in South Carolina?

In South Carolina, any person can serve as an executor if they are at least 18 years old and of sound mind. While you can appoint a non-resident, they generally must post a bond and appoint a local agent to accept legal documents unless specific provisions are made in the Will.

While the barrier to entry is low, the practical requirements are higher. South Carolina law is surprisingly permissive compared to other states; for instance, there is no automatic statutory ban on individuals with a criminal record serving, though a judge can disqualify someone they deem “unsuitable” in formal proceedings.

The most critical legal hurdle for many families in the Upstate involves out-of-state relatives. If your chosen executor lives in Charlotte or Atlanta, they can still serve, but the court may require them to post a surety bond—an insurance policy that protects beneficiaries from theft or mismanagement—unless you explicitly waive this requirement in your Will.

Furthermore, out-of-state executors must appoint a “resident agent” living in South Carolina to accept service of process (legal mail) on their behalf. This is often the probate attorney handling the file.

A suitable candidate should generally meet these criteria:

  • Financial Stability: They should not have a history of bankruptcy or financial mismanagement, as they will be handling significant sums of money, overseeing the sale of assets, and distributing funds to beneficiaries. A solid financial background provides assurance that they can manage the estate’s finances responsibly and transparently.
  • Availability: They must have the time to visit local banks, meet with attorneys, and potentially appear at the Greenville County Square or Spartanburg County Courthouse. The process often takes a year or more, and the executor must be consistently accessible to fulfill their duties, which can be time-consuming, especially during the initial months.
  • Impartiality: They should be capable of remaining neutral if family disputes arise. The executor’s primary duty is to the estate, not to any single beneficiary, and their actions must be unbiased and consistent with the terms of the will, even when faced with emotional disagreements.
  • Organization: The role requires tracking every transaction, paying debts, managing assets, and documenting all distributions for the final accounting; a disorganized executor can cost the estate thousands in additional legal fees, unnecessary delays, and potential court intervention due to improper record-keeping.

Should I Choose a Family Member or a Professional Trustee?

This is the most common dilemma we see at the De Bruin Law Firm. The “default” choice is often a surviving spouse or an adult child. This works well for simple estates where family harmony is high. A family member will usually waive the statutory commission (fee) for serving, which keeps more money in the estate.

However, grief can cloud judgment. Asking a grieving spouse to navigate the strict filing deadlines of the Probate Court can be overwhelming. On the other hand, a corporate trustee (like a bank’s trust department) or a professional fiduciary treats the administration as a business transaction. They are not emotionally involved. They will not hesitate to tell a beneficiary “no” if a request violates the terms of the Will.

Consider the trade-offs:

Family Member

  • Pros: Generally serves for free; knows the family dynamics; knows where personal documents are kept.
  • Cons: May lack financial knowledge; can be overwhelmed by grief; potential for bias in family disputes.

Professional Fiduciary

  • Pros: Neutral and impartial; experienced with tax codes and court procedures; carries liability insurance.
  • Cons: Charges fees (usually a percentage of the estate) that reduce the inheritance; may be less flexible with discretionary decisions.

If you own a business in Greer or commercial real estate in Simpsonville, the complexity of the assets often justifies the cost of a professional.

How Is an Executor Compensated in South Carolina?

Unless the Will states otherwise, a Personal Representative is entitled to a commission, typically calculated as up to 5% of the appraised value of the estate’s personal property plus up to 5% of the income earned by the estate during administration.

Many clients worry that being an executor is a burden they are imposing on a loved one. It is important to know that South Carolina law provides for fair compensation. The statutory commission ensures that the person doing the work is paid for their time and liability.

Notably, this commission generally does not apply to the value of real estate unless the executor sells the property to pay debts or distribute cash.

  • Example: If you leave a $50,000 bank account and a home worth $400,000, the executor’s commission is calculated based on the $50,000, not the full $450,000, unless the home is sold.

Most family members choose to waive this fee to preserve the inheritance for the group, but having the option to take it ensures they are not paying out-of-pocket for their time and effort. If you appoint a professional, this fee structure (or a separate fee agreement) will apply.

What Happens If My Executor Cannot Serve?

Life is unpredictable. The person you name today might face health issues, move out of the country, or predecease you years from now. This is why “depth on the bench” is critical in estate planning. You should always name at least one successor Personal Representative in your Will.

If you fail to name a successor and your primary choice cannot serve, you lose the right to decide who manages your legacy. The Probate Court will look to South Carolina statutes to determine priority. This usually means the job falls to the surviving spouse, then to adult children.

If multiple children have equal priority and cannot agree, the court may be forced to appoint a neutral third-party administrator. This creates two problems:

  • Cost: The administrator will charge full professional fees, which can significantly reduce the value of the estate for the beneficiaries.
  • Loss of Privacy: The family business and all personal financial matters are now being managed by a stranger, leading to a significant loss of privacy and potential discomfort for the surviving family members.

To avoid this uncertainty, your plan should:

  • Name a Primary Executor: Your first choice.
  • Name a Successor Executor: The backup if the first choice fails.
  • Waive Bond: Explicitly state in the Will that neither should be required to post a bond, if you trust them implicitly.
  • Grant Powers: Clearly provide them the power to sell real estate without further court order to streamline the process.

The Risks of a Poor Choice: Fiduciary Liability

The most dangerous misconception about executorship is that it is a position of power. In reality, it is a position of liability.

Beneficiaries, whether they are siblings, children, or charities, have the right to demand an accounting of every transaction. If an executor commingles funds (mixes estate money with their own), fails to pay taxes, or sells assets below market value, they can be personally sued. We have seen families torn apart because a well-meaning but disorganized executor failed to keep receipts, leading to accusations of theft.

This is why we often advise clients that the “smartest” child is often a better choice than the “oldest” child. You need someone who respects the formalities of the law and understands that they are managing other people’s money.

Protecting Your Legacy Starts with a Plan

Choosing an executor is not a decision to be made lightly or quickly. It sits at the intersection of financial acumen and family trust. The person you choose will be the steward of your life’s work and the guardian of your final wishes.

At the De Bruin Law Firm, we understand that every family in the Upstate has a unique dynamic. Whether you need to draft a Will that grants your executor the specific powers they need to bypass court hearings, or you are an executor currently struggling with the administration of an estate, we can help. We guide families through the Greenville and Spartanburg probate courts every day, ensuring that the process is as efficient and peaceful as possible.

If you are ready to secure your legacy or need assistance with probate administration, please contact us at (864) 982-5930 or send a message online to schedule a consultation at our Greenville office.

How Do Married Couples Structure Estate Plans in South Carolina?

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Building a life together in the Upstate involves years of shared dedication, financial planning, and accumulation. Whether you have established a family home in the quiet neighborhoods of Simpsonville, built a thriving business in Spartanburg, or invested in vacation property along Lake Keowee, the desire to protect what you have built for your partner is a natural instinct. However, the legal path to ensuring your spouse is protected is rarely as straightforward as couples assume.

Many married couples in South Carolina operate under the dangerous misconception that “everything automatically goes to my spouse” if one of them passes away. While this sentiment is common, the actual laws governing probate and inheritance in South Carolina often dictate a different, more complicated reality. Without a deliberate and properly structured estate plan, the default laws of the state can create surprising financial burdens for a surviving spouse, particularly when minor children, blended families, or significant assets are involved.

Do My Spouse and I Need Separate Wills in South Carolina?

While joint wills generally exist, South Carolina attorneys strongly advise married couples to execute separate, reciprocal wills. Separate wills provide critical flexibility, allowing the surviving spouse to amend their estate plan after the first spouse’s death to account for life changes, whereas joint wills can inadvertently lock assets and create significant legal complications for the survivor.

The Hidden Dangers of the “Joint Will”

A “joint will” is a single document signed by both spouses, intended to dictate the distribution of assets for both parties. On the surface, this appeals to many couples who view their assets as completely shared. It seems efficient and unified. However, in legal practice, joint wills are often referred to as “contractual wills,” and they can be disastrous for the surviving spouse.

The rigidity of a joint will is its greatest flaw. When the first spouse passes away, the joint will essentially becomes a binding contract. The surviving spouse may be legally barred from changing the terms of the will, even if they live for another twenty or thirty years. Consider a scenario where a couple in North Main creates a joint will leaving everything to their children equally.

If the husband passes away and the wife lives another two decades, she might face new realities: perhaps one child develops a serious substance abuse problem, or another child becomes incredibly wealthy and no longer needs the inheritance. Under a joint will, the widow may be powerless to put the troubled child’s share into a protective trust or redirect assets to grandchildren who need help with college tuition. She is handcuffed by a document signed decades earlier.

Reciprocal Wills: The Preferred Standard

To avoid these pitfalls, the standard best practice for married couples in South Carolina is to create “reciprocal” wills. In this structure, the husband has his own will, and the wife has her own will. The documents are legally separate but mirror each other in their provisions. Typically, the husband’s will leaves his entire estate to his wife, and the wife’s will leaves her entire estate to her husband. If they pass simultaneously, or upon the second death, both wills direct the assets to the same beneficiaries (usually the children).

This approach offers three distinct advantages:

  • Flexibility for the Survivor: If the husband passes away, the wife inherits his estate. Because her will is a separate document, she retains the right to update it as life evolves. If she remarries, needs to sell the family home to move into a facility like The Woodlands at Furman, or wants to change the executor, she is free to do so.
  • Privacy: When a will is probated, it becomes a public record at the county courthouse. With reciprocal wills, only the will of the deceased spouse is filed initially. The surviving spouse’s estate plan remains private until their eventual death.
  • Simplicity in Probate: Filing a single joint document for two different deaths occurring years apart can confuse the probate process. Separate wills allow for a cleaner administrative process at the Greenville County Probate Court.

What Happens If One Spouse Dies Without a Will in South Carolina?

If a married person dies without a will in South Carolina, the surviving spouse does not automatically inherit everything if the deceased has children. Under state intestacy laws, the spouse inherits only 50% of the probate assets, while the children inherit the remaining 50%, regardless of their age, potentially creating complex legal hurdles for the family.

The “Intestacy Trap” for Married Couples

The most pervasive myth in estate planning is that marriage acts as a “will substitute.” Many couples believe that if one dies, the other simply takes over ownership of all assets. In South Carolina, this is legally incorrect for any asset held in the deceased spouse’s individual name.

Under South Carolina Code § 62-2-102, the laws of “intestate succession” determine who gets what when there is no will. If you pass away, leaving a spouse and children:

  • The Surviving Spouse receives 50% of the estate.
  • The Children share the remaining 50%.

This split applies even if the children are infants. It creates a legal nightmare known as the “minor inheritance problem.”

Real-World Consequences for Upstate Families

Imagine a husband owns a rental property in Travelers Rest or a vacation cabin in the Blue Ridge Mountains in his own name. If he passes away without a will, his wife now owns that property jointly with their two minor children.

Because minors cannot legally own or manage real estate, the surviving mother cannot simply sell the property or refinance the mortgage to pay bills. She would likely be required to petition the Probate Court to be appointed as the “Conservator” for her own children. This is a court-supervised process that is expensive, time-consuming, and invasive. The court may require her to post a bond, file annual accountings of every penny spent, and essentially ask a judge for permission to use the inheritance to support the children.

Furthermore, once those children turn 18, they are entitled to their share of the money or property outright. Most parents would agree that handing a significant lump sum of cash to an 18-year-old is rarely a wise financial decision. A properly structured estate plan avoids this statutory distribution entirely, ensuring the surviving spouse maintains control and the children are provided for according to the parents’ actual wishes, not the state’s default formulas.

Is a Joint Revocable Trust Better Than Separate Trusts for Married Couples?

A joint revocable trust is often the superior choice for couples with long-term marriages and commingled assets due to its simplicity and streamlined administration. Conversely, separate trusts are typically necessary for blended families, couples with significant separate property, or high-net-worth individuals requiring advanced tax planning and asset protection strategies.

The Case for Joint Revocable Trusts

For many couples in the Upstate who have been married for decades, finances are completely shared. They view their bank accounts, their home in Five Forks, and their investments as “ours” rather than “his” and “hers.” For these couples, a Joint Revocable Living Trust (RLT) often makes the most sense.

In a Joint RLT, both spouses serve as co-trustees and co-grantors. The trust holds title to their assets, but they maintain full control. They can buy, sell, spend, and invest exactly as they did before.

  • Unified Management: There is only one trust agreement to draft, one set of terms to understand, and one bucket to fund. This simplicity reduces legal fees and administrative headaches.
  • Seamless Transition: If one spouse becomes incapacitated or passes away, the other spouse automatically continues as the sole trustee. There is no need to change titles on bank accounts or deeds; the trust already owns them.
  • Complete Probate Avoidance: Just like separate trusts, a joint trust keeps the family’s affairs out of the probate court. This protects the family’s privacy and avoids the statutory probate fees calculated on the value of the estate.

The Case for Separate Trusts

However, “simple” is not always “safe.” Separate trusts—where the husband creates one trust and the wife creates another—are distinct legal entities. This structure is essential in specific scenarios frequently encountered by South Carolina families.

  • Blended Families and Remarriage: If one or both spouses have children from a prior relationship, a joint trust can be risky. A joint trust usually grants the survivor full control. The surviving stepparent could potentially disinherit the deceased spouse’s children in favor of their own. Separate trusts allow a spouse to “lock down” their portion of the assets upon death, ensuring that their biological children eventually inherit, while still allowing the surviving spouse to use the income.
  • Creditor and Liability Protection: For professionals in high-liability fields—such as neurosurgeons at Prisma Health or business owners in construction or manufacturing—separate trusts can be a component of an asset protection strategy. If one spouse is sued, assets held in the other spouse’s separate trust (if properly structured and not commingled) may be harder for creditors to reach.
  • Estate Tax Planning: While the federal estate tax exemption is currently high, it is scheduled to sunset in 2026. For high-net-worth families in Greenville, separate trusts allow for more precise “credit shelter” planning. Upon the first death, the deceased spouse’s assets can flow into a specialized irrevocable sub-trust that utilizes their tax exemption, keeping that wealth out of the surviving spouse’s taxable estate and protecting it from future estate taxes.

Specialized Structures: The Elective Share and QTIP Trusts

Estate planning is not merely about dividing assets; it is about balancing the rights of family members. South Carolina law includes specific provisions to protect spouses from disinheritance, which must be factored into any plan.

The Elective Share: Preventing Disinheritance

South Carolina is not a community property state; it is an equitable distribution state. However, a spouse cannot be completely written out of a will. Under the “elective share” statute (S.C. Code § 62-2-201), a surviving spouse has a statutory right to claim one-third of the deceased spouse’s probate estate, regardless of what the will says.

This is particularly relevant for couples who are separated but not legally divorced. If a husband moves out of the family home in Greer and writes a new will leaving everything to his brother, but dies before the divorce is final, his estranged wife can still claim her one-third share. Couples who wish to alter this right must sign a valid prenuptial or postnuptial agreement waiving the elective share.

The QTIP Trust: Balancing Support and Control

For couples in second marriages, the Qualified Terminable Interest Property (QTIP) Trust is a vital tool. It answers a difficult question: “How do I make sure my spouse is taken care of when I die, but guarantee that the rest of the money goes to my kids from my first marriage?”

In a QTIP structure, when the first spouse dies, their assets move into a trust. The surviving spouse receives the income from the trust for the rest of their life and can even live in the trust-owned home. However, the surviving spouse cannot sell the assets to give the money to a new partner or change the beneficiaries. Upon the surviving spouse’s death, the assets legally must pass to the children of the first spouse. This structure provides peace of mind for both the spouse and the children, minimizing conflict during an already emotional time.

Incapacity Planning: Powers of Attorney are Critical

While most people focus on what happens after death, a comprehensive estate plan for married couples must also address what happens during life. Marriage does not automatically grant you the legal authority to act for your spouse if they are incapacitated.

The Healthcare Power of Attorney

If a spouse is injured in a car accident on I-85 or suffers a sudden stroke, the other spouse needs immediate legal authority to make medical decisions. Without a Healthcare Power of Attorney, South Carolina law dictates the priority of decision-makers (statutory surrogates), but this can still lead to delays or conflicts with other family members. A Healthcare Power of Attorney (HCPOA) explicitly names your spouse as your agent, allowing them to access medical records, authorize treatments, and advocate for your care at facilities like Bon Secours St. Francis or Spartanburg Medical Center without bureaucratic hurdles.

 

The Durable Financial Power of Attorney

The financial side of incapacity is equally critical. If a husband develops dementia or is in a coma, his wife cannot automatically access his individual IRA, sign his name on a real estate deed, or even speak to the IRS on his behalf. Joint ownership of a bank account helps with that specific account, but it does not help with retirement accounts, insurance policies, or tax filings.

 

A Durable Power of Attorney grants your spouse the authority to manage your financial affairs if you cannot. It allows them to pay bills, manage investments, and even engage in Medicaid planning if long-term care becomes necessary. Without this document, the family would be forced to petition the Probate Court for a “Conservatorship,” a public, restrictive, and expensive process where a judge—not your spouse—has the final say on how your money is spent.

Taking the Next Step for Your Family

There is no single “correct” way for a married couple to structure an estate plan. The young professionals buying their first home in the Augusta Road area have different concerns than the retired couple in Greer looking to protect assets from nursing home costs. However, the common thread is the need for control and clarity.

At the De Bruin Law Firm, we believe that an estate plan is not just a stack of documents; it is a shield for the people you love. It ensures that your spouse is protected from intestacy laws, that your children are provided for without court interference, and that your family’s private business remains private. We help couples across the Upstate navigate these complex decisions, ensuring that the legal structure we build is resilient enough to handle whatever life brings.

If you have questions about how to best structure your estate plan as a married couple, or if you need to review existing documents that may no longer fit your life, we invite you to contact us at (864) 982-5930.

What Estate Planning Documents Should You Update for 2026?

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The year 2026 represents a major horizon line for families and individuals engaged in wealth preservation and legacy building. While estate planning is often viewed as a “set it and forget it” task, specific legislative timelines dictate when a review is necessary. The primary driver for this urgency is the scheduled sunset of the Tax Cuts and Jobs Act (TCJA) provisions.

Unless Congress acts to extend current laws, the federal estate tax exemption—the amount an individual can pass to heirs without incurring federal estate taxes—is set to revert to pre-2017 levels, adjusted for inflation. This effectively cuts the exemption amount in half. For many families in Greenville and throughout South Carolina who previously thought their estates were well below the taxable threshold, this change could unexpectedly expose their assets to significant federal taxation.

How Does the “Sunset” Provision Impact Your Existing Will?

Your Last Will and Testament is the foundation of your estate plan, but it may contain formulas or clauses tied to tax laws that are about to change. Many wills drafted years ago include “funding formulas” for testamentary trusts. These formulas often direct the maximum amount that can pass tax-free into a trust for family members, with the remainder going to a spouse.

Because the exemption amount is currently very high, a formula based on the “maximum exemption” might accidentally disinherit a surviving spouse by funneling the entire estate into a trust for children. Conversely, if the exemption drops in 2026, a formula designed for today’s laws might result in an unexpected tax bill.

When reviewing your Will for 2026, consider these factors:

  • Executor Appointments: Ensure the person named to manage your estate is still willing, able, and located conveniently to handle South Carolina probate requirements.
  • Guardianship: If you have minor children, verify that the named guardians are still the people you trust most with their care.
  • Asset Distribution: Does the distribution of assets reflect your current wishes and the current value of your property?
  • Tax Clauses: Have a knowledgeable attorney review tax allocation clauses to ensure they function correctly under a lower exemption regime.

Why Should You Revisit Your Revocable Living Trust?

A Revocable Living Trust is a powerful tool for avoiding probate in South Carolina, maintaining privacy, and managing assets during incapacity. However, a trust is only effective if it is properly funded and updated. If you created a trust several years ago but have since purchased a new home, opened new investment accounts, or acquired business interests without retitling them in the name of the trust, those assets may still end up in probate court.

For South Carolina residents, specific attention should be paid to the following:

  • Real Estate: Ensure all deeds for properties in Greenville or elsewhere in the state are recorded in the name of the trust.
  • Successor Trustees: Review who will step in if you become incapacitated or pass away. Are they still the right choice?
  • Distribution Rules: Does the trust protect beneficiaries from their own potential creditors, divorce, or poor spending habits?
  • Incapacity Planning: Does the trust have clear instructions for your care if you are unable to manage your own finances?

Is It Time to Consider an Irrevocable Trust (SLAT or ILIT)?

For those with substantial assets who wish to “lock in” the current high estate tax exemption before it potentially disappears in 2026, the Revocable Trust may not be enough. Irrevocable trusts are distinct because they remove assets from your taxable estate entirely. Once the 2026 sunset occurs, the opportunity to move large amounts of wealth tax-free may be significantly reduced.

Two specific types of trusts are often utilized in this environment:

  • Spousal Lifetime Access Trust (SLAT): This allows one spouse to gift assets to an irrevocable trust for the benefit of the other spouse. It removes the assets from the donor’s estate while allowing the family to retain some access to the funds through the beneficiary spouse.
  • Irrevocable Life Insurance Trust (ILIT): Life insurance proceeds are generally included in your taxable estate. An ILIT can own the policy, keeping the death benefit outside of your estate and providing tax-free liquidity to pay estate taxes or debts.

Creating these vehicles requires time and precise drafting. Waiting until late 2025 to begin this conversation may result in missed opportunities due to the complexity of the legal work and the administrative steps required to fund the trusts.

Are Your South Carolina Powers of Attorney Up to Date?

A Durable Financial Power of Attorney allows you to designate an agent to handle your financial affairs if you are unable to do so. In South Carolina, the laws regarding these documents have evolved. If your Power of Attorney is older, financial institutions may be hesitant to honor it, fearing liability or obsolescence.

The South Carolina Uniform Power of Attorney Act provides a statutory framework for these documents. A comprehensive Power of Attorney should explicitly grant your agent the authority to handle specific tasks that may be necessary for tax planning or long-term care planning.

Key powers to look for include:

  • Gifting Authority: Does the document allow your agent to make gifts? This is often necessary for Medicaid planning or reducing estate taxes.
  • Trust Powers: Can your agent create or fund a trust on your behalf?
  • Real Estate Transactions: Is the authority to sell or manage real estate explicitly stated?
  • Beneficiary Changes: Does the agent have the power to change beneficiary designations on retirement accounts or insurance policies?

Without a valid, up-to-date Power of Attorney, your family might be forced to seek a conservatorship through the Probate Court, which is a public, time-consuming, and expensive process.

Do Your Health Care Documents Reflect Your Current Wishes?

Medical directives are a vital component of a complete estate plan. In South Carolina, there are two primary documents to consider: the Health Care Power of Attorney and the Declaration of a Desire for a Natural Death (commonly known as a Living Will).

The Health Care Power of Attorney appoints a specific person to make medical decisions for you if you cannot communicate. The Living Will allows you to state your preferences regarding life-sustaining procedures, such as artificial nutrition and hydration, in terminal situations.

Review these documents to ensure:

  • Agent Availability: The person you named five or ten years ago may no longer be the best person for the job due to age, health, or location.
  • HIPAA Authorization: Ensure your documents include current HIPAA releases so your agents can access your medical records and speak with doctors.
  • Religious or Personal Preferences: Have your views on end-of-life care changed? Your documents should reflect your current values.

Why Must You Review Beneficiary Designations Immediately?

Beneficiary designations on assets like 401(k)s, IRAs, life insurance policies, and annuities often override what is written in your Will or Trust. This is a common area where estate plans fail. If your Will says “everything to my spouse” but your IRA still lists your ex-spouse or a deceased parent as the beneficiary, the IRA administrator is legally required to pay the person named on the form.

The passing of the SECURE Act also changed the rules for how inherited retirement accounts must be distributed. Most non-spouse beneficiaries must now deplete an inherited IRA within ten years. This has significant tax implications for your heirs.

Check the following designations:

  • Primary Beneficiaries: Are they correct and living?
  • Contingent Beneficiaries: Who receives the asset if the primary beneficiary predeceases you?
  • Trusts as Beneficiaries: If you named a trust as a beneficiary of a retirement account, the trust language must be carefully drafted to accommodate the ten-year payout rule to avoid negative tax consequences.

How Can Gifting Strategies Help You Prepare for 2026?

Proactive gifting is one of the most effective ways to reduce the size of a taxable estate before the exemption drops. By moving assets to the next generation now, you not only remove the value of the gift from your estate but also all future appreciation on that asset.

You can utilize the annual gift tax exclusion to give a set amount to as many individuals as you like each year without reporting it to the IRS. For married couples, this amount can be combined to double the impact.

Strategies to consider include:

  • Cash Gifts: Simple transfers to children or grandchildren.
  • Educational Payments: Paying tuition directly to a school does not count toward your annual exclusion or lifetime exemption.
  • Medical Payments: Paying medical bills directly to a provider is also exempt from gift taxes.
  • 529 Plans: Front-loading contributions to college savings plans for grandchildren.

Using these exclusions year over year can significantly lower your taxable estate over time, mitigating the impact of the 2026 sunset.

Why is Medicaid Planning Different from Tax Planning?

While the 2026 tax sunset is a major concern for high-net-worth individuals, many South Carolina seniors are equally concerned about the cost of long-term care. Medicaid planning focuses on eligibility for government benefits rather than estate tax reduction. The rules for Medicaid are strict, particularly regarding assets and income.

South Carolina imposes a five-year “look-back” period on asset transfers. If you give away assets to your children to qualify for Medicaid within five years of applying, you may face a penalty period where you are ineligible for care.

Documents and strategies to review for Medicaid purposes include:

  • Qualified Income Trusts (Miller Trusts): Necessary if your monthly income exceeds the Medicaid cap.
  • Medicaid Asset Protection Trusts: A specific type of irrevocable trust designed to start the five-year clock while preserving the home or other assets.
  • Caregiver Agreements: Formal contracts to pay a family member for care, which can help spend down assets legally.

It is vital to distinguish between gifting for tax purposes and gifting for Medicaid purposes, as they have different rules and consequences.

What is the Role of a Fiduciary in Your 2026 Plan?

A fiduciary is an individual or institution you entrust with legal power over your assets or well-being. This includes your Personal Representative (executor), Trustee, and agents under Powers of Attorney. The choice of a fiduciary is often more important than the documents themselves.

As you approach 2026, evaluate your fiduciaries:

  • Competence: Do they have the financial acumen to manage the complexities of your estate?
  • Integrity: Can you trust them implicitly to act in your best interest?
  • Age and Health: Are your named fiduciaries aging alongside you? It may be time to name a younger generation or a professional fiduciary.
  • Relationship: Has the family dynamic shifted? Conflict between siblings is a common issue when one is named trustee over the other.

Why Is Updating Digital Asset Access Necessary?

In the modern era, a significant portion of our lives exists online. From cryptocurrency and online banking to social media accounts and photo storage, digital assets are part of your estate. South Carolina law recognizes the need for fiduciaries to access these assets, but standard forms may not be specific enough.

Your estate plan should include:

  • Digital Asset Authorization: Specific language in your Will and Power of Attorney granting authority to access digital devices and accounts.
  • Inventory of Digital Assets: A secure list (kept separate from the Will) of accounts, usernames, and passwords.
  • Legacy Contacts: Designating legacy contacts on platforms like Apple, Google, and Facebook.

Without these provisions, your family may be locked out of valuable or sentimental accounts forever.

When Should You Start the Review Process?

Waiting until December 2025 to address these issues is a risk. Estate planning attorneys, financial advisors, and accountants will likely be inundated with requests as the sunset deadline approaches. Trust administration, asset retitling, and obtaining valuations for complex assets take time.

Starting the review process now allows for:

  • Thoughtful Decision Making: You have time to consider who should inherit what and who should manage it.
  • Asset Valuation: Appraisals for businesses or real estate can be completed without a rush.
  • Stress Reduction: Knowing your plan is ready for 2026 provides peace of mind.

Securing Your Legacy in South Carolina

The shifting legal landscape leading up to 2026 presents both a challenge and an opportunity. By taking proactive steps to update your Wills, Trusts, and Powers of Attorney, you can protect your family from unnecessary taxes, probate complications, and administrative burdens. A well-crafted estate plan is a living strategy that evolves with the law and your life. At the DeBruin Law Firm, we are dedicated to helping Greenville families navigate these complex changes. We can analyze your current documents, explain how the 2026 laws affect your specific situation, and design a plan that secures your legacy.

If you are ready to ensure your estate plan is prepared for the future, please contact us at (864) 982-5930 or complete our online contact form to schedule a consultation.

Leaving Assets to Grandchildren in South Carolina: Using Trusts and UTMA Accounts

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As a grandparent, one of the most fulfilling goals is to provide a secure and prosperous future for your grandchildren. The thought of helping them pay for college, make a down payment on their first home, or start a business is a powerful motivator. This desire to leave a lasting financial legacy is a common thread that connects families across South Carolina. However, the path to turning this generous intention into a legal reality is filled with complexities that, if ignored, can lead to unintended consequences.

Simply naming a minor grandchild in your will can create significant legal hurdles, potentially leading to court supervision and high administrative costs that diminish the very gift you intended to provide.

Why Direct Inheritance is Problematic for Minors

It may seem counterintuitive, but leaving property or money directly to a minor is often a significant legal mistake. The core issue is that, under South Carolina law, individuals under the age of 18 are not legally permitted to own and manage significant assets in their own name. They lack the legal capacity to enter into contracts, manage investments, or sell property.

If a minor inherits assets directly without a proper legal structure in place, the following sequence of events is likely to occur:

  • Court Intervention: The probate court must step in to protect the minor’s inheritance.
  • Appointment of a Conservator: A judge will appoint an adult, known as a conservator (or guardian of the property), to manage the assets on the child’s behalf. This may or may not be the person you would have chosen.
  • Ongoing Court Supervision: The conservator is required to file annual accountings with the court, detailing every penny spent and earned. This process is public, time-consuming, and can be quite expensive, with legal and accounting fees being paid from the inheritance.
  • Forced Distribution at Age 18: Once the child reaches the age of majority, which is 18 in South Carolina, the court-supervised conservatorship ends. The child is then legally entitled to receive the entire inheritance as a lump sum, with no restrictions or guidance. Few would argue that an 18-year-old is prepared to responsibly manage a substantial amount of money.

This cumbersome and restrictive court process is easily avoidable with proactive estate planning that utilizes more effective legal instruments.

What is a South Carolina UTMA Account?

The South Carolina Uniform Transfers to Minors Act provides a straightforward and popular method for gifting or leaving assets to a minor without requiring a formal trust or court intervention. A UTMA account is a type of custodial account that an adult holds and manages for the benefit of a child.

Think of it as a legal container. Any asset placed inside this container—cash, stocks, bonds, or even real estate—is legally owned by the minor. However, the adult custodian is responsible for managing, investing, and distributing those assets for the child’s benefit until they reach a certain age. The person who creates the account and the custodian can be the same person or different individuals. The gift is irrevocable, meaning once an asset is transferred to the UTMA account, it cannot be taken back.

What are the Advantages of Using a UTMA Account?

For many grandparents, a UTMA account is an attractive option because of its inherent benefits, particularly when the value of the gift is modest.

  • Simplicity and Low Cost: UTMA accounts are remarkably easy and inexpensive to establish. They can often be set up directly at a bank or brokerage firm with minimal paperwork and without the need for a complex legal document.
  • Avoidance of Court Guardianship: This is a primary benefit. A UTMA account completely bypasses the need for a court-appointed conservator and the associated costs, delays, and public scrutiny.
  • Custodian Flexibility: The custodian has broad discretion to use the funds for the minor’s “use and benefit.” This can include paying for education, summer camps, medical expenses, or other costs associated with the child’s upbringing.
  • Asset Protection: The assets in the account are the legal property of the minor. Therefore, they are generally protected from the creditors of the custodian or the person who gifted the money.

What are the Disadvantages and Limitations of UTMA Accounts?

While simple and effective in some scenarios, UTMA accounts have significant limitations that can make them unsuitable for larger inheritances or for grandparents who desire more control.

  • Mandatory and Unrestricted Payout: This is the most substantial drawback. Under South Carolina law, the custodian must turn over all remaining assets in the account when the beneficiary reaches the age of 21. The 21-year-old receives the entire sum outright, with no conditions or oversight. This can be a recipe for financial disaster if the amount is large or the beneficiary is not financially mature.
  • One Beneficiary, One Custodian: Each UTMA account can only have one beneficiary and one custodian. If you have several grandchildren, you would need to create a separate account for each one, which can become administratively inconvenient.
  • Negative Impact on College Financial Aid: Because the assets in a UTMA account are owned by the child, they are weighed heavily in federal financial aid calculations. This can substantially reduce or eliminate a grandchild’s eligibility for need-based scholarships and loans.
  • No Lasting Control: You cannot place any restrictions on how the funds are used after your grandchild takes control at 21. The money could be spent on a sports car or a frivolous vacation just as easily as it could be on a house or education.
  • Inflexibility with Successor Custodians: If the named custodian dies or becomes incapacitated, a court proceeding may be necessary to appoint a new one, reintroducing the very complication a UTMA is meant to avoid.

How Trusts Provide a More Controlled and Flexible Solution

For grandparents seeking more protection, control, and customization, a trust is a far more powerful and versatile tool. A trust is a private legal agreement that allows you (the grantor) to transfer assets to a person or institution (the trustee) to manage for the benefit of your grandchild (the beneficiary).

If a UTMA account is like a simple savings account with a fixed withdrawal date, a trust is like a detailed financial plan with its own set of rules. It allows you, not a statute, to dictate the terms of your gift. You can define precisely when, how, and for what purposes the money can be used, providing guidance and protection for your grandchild long after you are gone.

What Types of Trusts are Commonly Used for Grandchildren?

Several types of trusts can be used to leave assets to grandchildren, each serving a different purpose.

  • Testamentary Trusts: This type of trust is created within the terms of your Last Will and Testament. It does not exist until after you pass away and your will is processed by the probate court. While it allows for control over distributions, it does not avoid the probate process.
  • Revocable Living Trusts: A revocable trust is created during your lifetime, and you can amend or revoke it at any time. You can transfer assets into the trust and manage them yourself as the trustee. Upon your death, a successor trustee you have named takes over. The trust can then instruct the trustee to hold a grandchild’s inheritance in a continuing sub-trust, managed according to your specific rules. A major benefit is that assets held in a revocable trust avoid probate entirely.
  • Irrevocable Trusts: An irrevocable trust is typically established during your lifetime and, as the name suggests, cannot be easily changed or undone. When you transfer assets into an irrevocable trust, they are removed from your taxable estate. These are often used for significant gifts and can be structured to provide substantial asset protection for the beneficiary. A “Minor’s Trust” is a common type of irrevocable trust designed specifically for this purpose.

What are the Key Benefits of Using a Trust for Grandchildren?

The advantages of using a trust are directly related to its flexibility and the level of control it offers.

  • Control Over Distributions: You can design the trust to distribute assets based on age or life milestones. For example, you might direct the trustee to distribute one-third of the assets at age 25, another third at age 30, and the final portion at age 35. You can also permit the trustee to make distributions for specific needs, such as education, health expenses, a business startup, or a down payment on a home.
  • Asset Protection: A properly drafted trust can include a “spendthrift provision.” This important clause protects the inheritance from a grandchild’s future potential creditors, lawsuits, or a divorcing spouse. The assets are held by the trust, not the beneficiary, making them difficult for outside parties to access.
  • Professional Management: You can appoint a professional trustee (like a bank or trust company) or a trusted family member to manage and invest the trust assets. This ensures the funds are managed prudently, especially if the inheritance is large or includes complex assets like a business or real estate.
  • Planning for Special Needs: If you have a grandchild with a disability, a Special Needs Trust is an indispensable tool. It allows you to provide for their needs and enhance their quality of life without disqualifying them from vital government benefits like Medicaid and Supplemental Security Income (SSI).
  • Consolidated Planning: You can create a single trust to benefit all of your grandchildren. This can be structured as a “pot trust,” where the trustee can distribute funds among the grandchildren based on their individual needs, or it can be divided into separate, equal shares for each grandchild within the same trust document.

What is the Generation-Skipping Transfer (GST) Tax?

For individuals with significant wealth, another layer of tax planning comes into play: the federal Generation-Skipping Transfer (GST) Tax. This tax is imposed on gifts and inheritances given to individuals who are two or more generations younger than the donor, such as grandchildren. Its purpose is to prevent families from avoiding a full generation of estate taxes.

However, the federal government provides a substantial lifetime exemption from the GST tax. In 2025, this exemption amount is quite high, meaning the vast majority of families will not be affected by this tax. For those whose estates may exceed the exemption, trusts are a vital tool for structuring gifts in a way that maximizes the use of this exemption and minimizes overall tax liability.

UTMA vs. Trust: How Do You Choose the Right Option?

Deciding between these two valuable tools requires a careful assessment of your goals and financial circumstances.

A UTMA account may be the right choice if:

  • The total gift or inheritance you plan to leave is a relatively modest sum.
  • Your primary goal is simplicity and avoiding the cost of setting up a trust.
  • You are comfortable with your grandchild receiving full and unrestricted access to the funds at age 21.
  • The potential negative impact on college financial aid is not a major concern.

A trust is likely the better choice if:

  • The inheritance will be a significant amount of money.
  • You want to delay distributions beyond age 21 or provide them in stages.
  • You wish to protect the assets from your grandchild’s potential poor judgment, creditors, or a future divorce.
  • You are providing for a grandchild with special needs.
  • Your estate is large enough that tax planning is a consideration.
  • You want to leave specific instructions for how the money should be used.

The Importance of Coordinating with the Grandchild’s Parents

Open communication with your grandchild’s parents is an important part of the planning process. They may already have financial plans in place for their child, such as a 529 college savings plan. Your gift can be structured to complement their efforts. For example, instead of a UTMA, you could contribute directly to the 529 plan, which generally has a more favorable impact on financial aid eligibility. Discussing your intentions ensures that your generosity is integrated seamlessly into the family’s broader financial strategy.

Building a Lasting Legacy with Confidence

Leaving a financial legacy for your grandchildren is an act of love. Choose the right legal tool, a UTMA account or a trust, to provide for them with security and peace of mind, ensuring your gift is an opportunity, not a burden. The complexities of estate planning require knowledgeable guidance. The DeBruin Law Firm is dedicated to helping families across Greenville and South Carolina create tailored legal strategies that reflect their values and protect their legacy for generations to come. If you are considering how to best provide for your grandchildren, we invite you to contact us at (864) 982-5930 or send a message online to schedule a consultation.

Estate Planning Considerations for Unmarried Couples in Greenville, SC

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Planning a future with a partner involves countless shared decisions, from choosing a home on the tree-lined streets of Greenville to planning vacations in the Blue Ridge Mountains. For unmarried couples, building a life together is a journey of commitment and partnership. Yet, while your emotional and financial lives may be deeply intertwined, South Carolina law does not automatically recognize these bonds in the same way it does for married couples. Without proactive legal planning, you could leave your partner exposed to significant financial hardship and legal challenges at the most difficult of times.

The Legal Reality for Unmarried Partners in South Carolina

In South Carolina, the law of intestate succession dictates how a person’s property is distributed if they die without a will. These laws are built around traditional family structures, primarily recognizing spouses and blood relatives. For an unmarried individual, this means their assets will pass to their children, parents, or siblings. A surviving partner, regardless of the length or commitment of the relationship, is not included in this line of succession. They have no automatic legal right to inherit any property.

Furthermore, while South Carolina historically recognized common-law marriage, the state abolished it in 2019. Any relationship started after July 24, 2019, cannot become a common-law marriage. For couples who believe they may have established a common-law marriage before this date, proving it requires substantial evidence and often leads to contentious court battles. Relying on this possibility is a precarious and uncertain strategy. The hard reality is that without a formal estate plan, your partner may be left with nothing.

Why is Estate Planning So Important for Unmarried Couples?

Failing to establish a formal estate plan is a significant risk for any individual, but for unmarried couples, the consequences can be particularly severe. Your relationship exists outside the legal protections automatically granted by marriage, creating a void that only carefully prepared legal documents can fill. A comprehensive plan is essential for a number of reasons.

  • To Grant Inheritance Rights: Without a will or trust, your partner has no legal claim to your assets. Your home, bank accounts, and other property could go to distant family members you barely know, leaving your partner in a devastating financial position.
  • To Appoint a Decision-Maker for Medical Emergencies: If you become incapacitated, medical professionals will look to a legal next-of-kin to make health care decisions. A Health Care Power of Attorney is the only way to give your partner the legal authority to make these choices for you.
  • To Avoid Family Conflicts: In the absence of a clear plan, your family and your partner may have conflicting ideas about your wishes. This can lead to painful and expensive legal disputes over property and even medical care, adding immense stress to an already difficult time.
  • To Clarify Ownership of Shared Property: Couples often purchase homes, vehicles, and other significant assets together. An estate plan, combined with proper property titling, clarifies what happens to this shared property, preventing disputes over who owns what.
  • To Protect Children: For couples with children, an estate plan is vital for nominating a guardian. For blended families, a plan can provide for the surviving partner while ensuring assets are preserved for children from a previous relationship.

What are the Foundational Estate Planning Documents for Cohabiting Partners?

A complete estate plan is more than just a single document; it is a collection of legal instruments that work together to protect you during life and after death. For unmarried couples, these documents create the legal recognition your relationship needs.

  • Last Will and Testament: A will is the most basic component. It allows you to name who will inherit your property. You can leave your assets to your partner, family members, or charities as you see fit. A will is also where you name a personal representative (or executor) to manage your estate through the probate process and nominate a guardian for any minor children.
  • Revocable Living Trust: A trust is a powerful tool that often provides more benefits than a will alone. When you create a trust, you transfer your assets into it and name a trustee (often yourself, initially) to manage them. You also name a successor trustee to take over upon your death or incapacity. A trust allows you to leave assets to your partner while completely avoiding the public, costly, and time-consuming probate court process. It offers privacy and greater control over how and when your assets are distributed.
  • Durable Power of Attorney: This document is for managing your finances if you cannot. You appoint an “agent”—who can be your partner—to have legal authority to handle your financial affairs, such as paying bills, managing investments, and accessing bank accounts. Without this document, your partner would have to petition the probate court to be appointed your conservator, a public and burdensome process.
  • Health Care Power of Attorney: This is one of the most important documents for an unmarried couple. It allows you to appoint your partner as your agent to make medical decisions on your behalf if you become incapacitated. This ensures your partner has the legal right to speak with doctors at Greenville-area hospitals like Prisma Health or Bon Secours St. Francis and make choices that align with your wishes.
  • HIPAA Authorization Form: A companion to the Health Care Power of Attorney, this form gives your partner the right to access your protected medical information. Without it, privacy laws could prevent doctors from even discussing your condition with them.
  • Living Will (Advance Directive): This document outlines your wishes regarding end-of-life medical care, such as the use of life support. It provides clear guidance to your health care agent and medical team, relieving your loved ones from the burden of making these profoundly difficult decisions on their own.

How Should We Title Our Shared Property?

The way you own property has significant implications for what happens when one of you passes away. Relying on your will or trust is not enough if your property is not titled correctly.

  • Sole Ownership: If a home or bank account is in one partner’s name alone, it is considered their sole property. Upon their death, it will be distributed according to their will or, if there is no will, to their legal heirs, not their surviving partner.
  • Tenants in Common (TIC): This is the default form of co-ownership for unmarried individuals in South Carolina. Each person owns a specific share of the property (e.g., 50/50). When one owner dies, their share does not automatically go to the other owner. Instead, it passes to the beneficiaries named in their will or to their legal heirs.
  • Joint Tenants with Rights of Survivorship (JTWROS): This is often the most effective way for unmarried couples to own real estate and joint bank accounts. The “right of survivorship” means that when one owner dies, their share automatically and immediately passes to the surviving owner, bypassing probate entirely. The deed or account title must include the specific language “with rights of survivorship.”
  • Beneficiary Designations: For assets like life insurance policies, 401(k)s, IRAs, and other retirement accounts, the beneficiary designation form is paramount. These designations override any instructions in your will or trust. It is absolutely essential to review these forms and name your partner as the primary beneficiary if you want them to receive these assets.

What is a Cohabitation Agreement and How Does it Fit In?

While an estate plan addresses what happens upon death or incapacity, a cohabitation agreement deals with the financial aspects of your relationship during your lifetime and in the event of a separation. This legally binding contract can outline:

  • How shared expenses like rent, mortgage, and utilities will be paid.
  • How property acquired during the relationship will be divided if you separate.
  • Responsibility for debts.

A cohabitation agreement works in tandem with your estate plan. It clarifies property ownership, which can prevent disputes during probate and ensure that the assets designated in your will or trust are indisputably yours to give.

What Happens if We Have Children Together?

For unmarried parents, an estate plan is not optional; it is a fundamental responsibility. If one parent dies, the other parent typically retains custody. However, if both parents pass away, a court will decide who raises the children. Your will is the only place where you can nominate a guardian of your choosing. Without this nomination, the court will make the decision without your input, potentially appointing someone you would not have wanted.

Additionally, you can use a trust to manage any inheritance you leave to your children. You can appoint your partner or another trusted individual as the trustee to manage the funds for the child’s benefit until they reach an age you deem appropriate.

What About Blended Families and Children from Prior Relationships?

Blended families present unique planning challenges. You may want to provide for your current partner for the remainder of their life while ensuring your assets ultimately go to your children from a previous relationship. A trust is an excellent vehicle for achieving this goal. For example, you can create a trust that allows your surviving partner to live in the family home and use the trust assets for their support, with the remaining assets passing to your children upon your partner’s death. This structure protects everyone you care about and prevents potential conflicts between your partner and your children.

Can My Partner’s Family Challenge Our Estate Plan?

A common fear is that estranged family members might try to challenge your will or trust to disinherit your partner. While anyone can file a lawsuit, a well-constructed estate plan makes a successful challenge very difficult. A will can be contested on grounds like lack of mental capacity or undue influence.

This is where working with an experienced attorney is so important. An attorney helps create a clear, unambiguous plan and ensures all legal formalities are correctly observed, creating a strong defense against any future challenge. Using a revocable living trust instead of relying solely on a will can also add a significant layer of protection, as trusts are generally more difficult to contest than wills in the Greenville County Probate Court.

What Steps Should We Take to Get Started?

Creating your estate plan is a straightforward process that provides immense peace of mind. The initial steps involve preparation and open communication.

  • Discuss Your Goals: Have an honest conversation with your partner about your wishes for the future. Talk about property division, health care preferences, and who you would want to be in charge if you could not make decisions for yourself.
  • Inventory Your Assets: Make a list of your significant assets, including real estate, bank accounts, retirement funds, investments, and personal property. Note how each asset is currently titled.
  • Consider Key Roles: Think about who you trust to act as your personal representative, trustee, and health care and financial agents. Choose people who are responsible and willing to serve in these roles.
  • Consult with a Greenville Estate Planning Attorney: The final and most important step is to work with a knowledgeable attorney who can translate your wishes into legally sound documents that will hold up under South Carolina law.

Secure Your Future Together

Your commitment to each other deserves the full protection of a carefully prepared estate plan. These documents are more than just legal formalities; they are a clear statement of your intentions and the most effective way to protect the person you share your life with. By taking proactive steps today, you can eliminate uncertainty and ensure that both of you are secure, no matter what the future holds. The team at the DeBruin Law Firm is dedicated to helping unmarried couples and families across Greenville and South Carolina create tailored legal strategies that reflect their unique needs. We can assist you in drafting a comprehensive estate plan that provides clarity, security, and peace of mind.

If you are ready to explore your options, please contact us at (864) 982-5930 or send a message online to schedule a consultation.

Prenuptial Agreements and Estate Planning in South Carolina: How They Interact

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Planning a future with a partner involves many exciting conversations about life goals, family, and shared dreams. For many couples in Greenville, especially those entering a marriage with existing assets, children from a previous relationship, or a business, those conversations also include practical financial planning. Two of the most important legal tools in this process are prenuptial agreements and estate plans. Too often, they are viewed as separate or even conflicting documents. In reality, they are two sides of the same coin, working together to create a comprehensive plan that protects both spouses and their respective families.

What Exactly is a Prenuptial Agreement?

A prenuptial agreement, known in South Carolina law as a premarital agreement, is a legally binding contract created by two people before they marry. Its primary function is to outline how their financial affairs will be handled during the marriage and in the event of a divorce or death. Rather than being a sign of distrust, a prenuptial agreement is a tool for transparency and communication, allowing a couple to establish clear expectations from the outset.

The South Carolina Uniform Premarital Agreement Act governs the creation and enforcement of these contracts. For a prenuptial agreement to be valid, it must be in writing, signed by both parties, and entered into voluntarily with a fair and reasonable disclosure of all assets and liabilities.

A prenuptial agreement can address a wide range of financial matters, including:

  • Defining Separate and Marital Property: It can specify which assets owned before the marriage will remain the separate property of each spouse, as well as how property acquired during the marriage will be classified.
  • Protecting Assets for Children: For individuals with children from a prior relationship, a prenup can ensure that specific assets are preserved for their inheritance.
  • Business Interests: It can protect a business owner from having their company entangled in divorce proceedings, ensuring business continuity.
  • Debt Allocation: The agreement can clarify responsibility for debts that each person brings into the marriage.
  • Spousal Support (Alimony): It may set terms for, or waive the right to, future alimony payments.
  • Estate Planning Provisions: A prenuptial agreement can include waivers of certain spousal inheritance rights, which directly impacts estate planning.

What Constitutes an Estate Plan?

An estate plan is a collection of legal documents that dictates how your assets will be managed during your lifetime if you become incapacitated and how they will be distributed after your death. It is a forward-thinking process that provides peace of mind by ensuring your wishes are carried out and your loved ones are provided for. A comprehensive estate plan goes far beyond a simple will.

Key documents in a South Carolina estate plan typically include:

  • Last Will and Testament: This document outlines your wishes for the distribution of your property through the probate court process. It also names a personal representative (executor) to manage your estate and a guardian for any minor children.
  • Revocable Living Trust: A trust creates a legal entity to hold your assets. You can serve as the trustee during your lifetime, and a successor trustee you name will manage and distribute the assets upon your death or incapacitation, often avoiding the public and time-consuming probate process.
  • Durable Power of Attorney: This document appoints a person (your agent) to make financial decisions on your behalf if you become unable to do so yourself.
  • Health Care Power of Attorney: This appoints an agent to make medical decisions for you if you are incapacitated and cannot communicate your wishes.

An estate plan is not just for the wealthy; it is a foundational set of protections for anyone who wants to control their legacy and ease the burden on their family.

How Do Prenuptial Agreements and Estate Plans Intersect?

The connection between a prenuptial agreement and an estate plan is most apparent at the death of a spouse. South Carolina law provides certain automatic inheritance rights to a surviving spouse, but these rights can be altered or waived in a valid prenuptial agreement. This is where coordination is vital.

Here are some key areas of overlap:

  • The Elective Share: South Carolina law grants a surviving spouse the right to claim an “elective share” of their deceased spouse’s estate, regardless of what the will says. This share is one-third of the probate estate. A prenuptial agreement can contain a clause where both parties agree to waive their right to this elective share, allowing the deceased spouse to leave their property to children or others as they see fit. Without this waiver in a prenup, a surviving spouse could potentially override the terms of a will that leaves them a smaller portion.
  • Defining the Probate Estate: A prenup clearly defines separate property. This designation carries over at death, meaning that assets defined as separate property in the prenup will not be considered part of the marital estate available to the surviving spouse. This ensures that family heirlooms, business interests, or premarital real estate pass to the intended heirs as outlined in the estate plan.
  • Protecting Blended Families: For the many blended families in the Greenville area, coordinating these documents is essential. A prenuptial agreement can ensure that a second spouse is provided for while also guaranteeing that assets from before the marriage are directed to the children from that first relationship. The estate plan then implements this agreement through trusts and specific bequests.
  • Business Succession: If you own a business, a prenuptial agreement can prevent your spouse from claiming an ownership interest upon your death. Your estate plan can then detail the succession of the business to a partner, child, or key employee without conflict.

Can a Prenuptial Agreement Override a Will?

This is a common and important question. In South Carolina, a properly executed prenuptial agreement is a binding contract. As a contract, its provisions concerning asset distribution upon death generally take precedence over a conflicting provision in a will or trust that was created later.

For example, imagine a scenario where a prenuptial agreement states that the marital home, which was owned by one spouse before the marriage, will remain their separate property and pass to their children upon death. If that spouse later writes a will leaving the same home to their surviving spouse, the prenuptial agreement will likely control the outcome. The contractual waiver of rights signed before the marriage is a powerful legal instrument that the probate court must honor.

This legal hierarchy is precisely why it is so important to ensure the documents are consistent. Creating an estate plan that conflicts with a prenuptial agreement almost guarantees a legal challenge, forcing your family into litigation in the Greenville County Probate Court to resolve the discrepancy.

What Happens When a Prenup and Estate Plan Conflict?

When these documents are not aligned, the result is often confusion, family strife, and prolonged litigation. A surviving spouse might attempt to claim their elective share, believing the will should govern their inheritance, while the children from a previous marriage vehemently point to the explicit waiver of such rights contained within the prenuptial agreement. This fundamental disagreement over the deceased’s true intentions can tear families apart.

Such conflicts force the probate court to interpret the disparate documents and meticulously determine the decedent’s true intent, a process that is often fraught with difficulty. This complex and emotionally charged process can be:

  • Expensive: Estate litigation involves significant and often exorbitant legal fees, which are regrettably paid directly from the estate’s assets, thereby drastically reducing the inheritance for all rightful beneficiaries. This financial burden can be a substantial drain on the family’s resources.
  • Time-Consuming: Resolving these intricate disputes can delay the much-needed distribution of assets for many months, and in some more complex cases, even for several years. This extended period of uncertainty can add immense stress to an already grieving family.
  • Emotionally Draining: The contentious nature of pitting a stepparent against their stepchildren in a legal battle can create irreparable divisions and deep-seated animosity within a family during an already difficult and sensitive time of loss. The emotional toll of such conflicts can be devastating and long-lasting.

The best and most prudent way to avoid this unfortunate and often destructive scenario is through proactive, meticulous, and careful planning that ensures your prenuptial agreement and all your estate planning documents consistently tell the same, clear, and unambiguous story regarding your wishes and intentions. This alignment is crucial for peace of mind and family harmony.

Key Provisions to Harmonize in Your Plan

To create a seamless plan, your attorney should pay close attention to synchronizing specific provisions across your prenuptial agreement and estate plan.

  • Waivers of Spousal Rights: If your prenup includes a waiver of the elective share, homestead allowance, or other statutory rights, your will and trust must be drafted in accordance with that waiver. The estate plan should not contain language that could be interpreted as undoing the contractual waiver.
  • Property Definitions: The terms “Separate Property” and “Marital Property” should be defined consistently in both the prenuptial agreement and any trusts you create. This avoids ambiguity about which assets are subject to the terms of the trust versus the prenup.
  • Beneficiary Designations: This is a commonly overlooked but critical area. Beneficiary designations on life insurance policies, 401(k)s, IRAs, and other accounts override both wills and trusts. It is essential to update these designations to align with the agreements made in your prenup and the goals of your estate plan. Forgetting to change a former spouse’s name on a life insurance policy is a frequent and costly mistake.
  • Executor and Trustee Selections: Your choice of a personal representative (executor) or successor trustee should be made with the prenuptial agreement in mind. You need to appoint someone who respects the terms of the prenup and will carry out your wishes without bias.

Why Not Just Depend on One Document?

Some may wonder if a detailed prenuptial agreement is enough, or if a comprehensive estate plan can do the job alone. The answer is no; they serve distinct but complementary purposes.

  • A prenuptial agreement is unique in its ability to have both parties contractually waive statutory spousal rights before a marriage begins. An estate plan alone cannot achieve this with the same legal authority. A prenup is also vital for governing asset division in the case of divorce, something an estate plan does not address.
  • An estate plan addresses matters a prenup cannot. It allows you to name guardians for children, establish trusts for sophisticated asset management and tax planning, and appoint agents to make financial and health decisions for you during a period of incapacity.

Relying on one without the other leaves significant gaps in your overall financial and personal planning, exposing you and your family to unnecessary risks.

A Coordinated Approach to Protecting Your Future

Creating a cohesive legal strategy that integrates your prenuptial agreement and estate plan is a proactive step toward securing your legacy. It provides clarity for you, your partner, and your families. The process involves open communication and careful legal drafting.

Taking these steps ensures that your legal documents work in harmony, providing a clear roadmap for the future and protecting the people you care about most. This unified approach transforms legal documents from mere pieces of paper into a solid foundation for your family’s future security.

Secure Your Legacy with Integrated Planning

Navigating the complexities where family law and estate planning meet requires knowledgeable legal guidance. A well-drafted prenuptial agreement and a carefully considered estate plan are not sources of conflict; they are tools of clarity that, when used together, provide a powerful framework for protecting your assets and your loved ones. By addressing these matters before they become issues, you can build a secure future with confidence.

The team at the DeBruin Law Firm is dedicated to helping individuals and families in Greenville and across South Carolina create comprehensive legal strategies tailored to their unique needs. We can assist you in drafting a strong prenuptial agreement, developing a thorough estate plan, and ensuring that both work together seamlessly.

If you are ready to explore your options, please contact us at (864) 982-5930 or send a message online to schedule a consultation.

Protecting Your Greenville Rental Properties Through Your Estate Plan

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For many real estate investors in Greenville, South Carolina, building a portfolio of rental properties is the result of years of hard work, careful financial planning, and savvy market navigation. Each property represents a significant investment and a source of income. Yet, the very success of this enterprise brings with it a complex set of risks that go far beyond fluctuating market values or difficult tenants. The most pressing challenge is often one that is overlooked until it is too late: how to protect these assets from liability and ensure they pass seamlessly to the next generation without being dismantled by legal complications.

What Are the Primary Risks to Your Rental Property Portfolio?

Before exploring solutions, it is important to identify the specific threats your real estate investments face. For landlords in South Carolina, these risks are both external and internal, arising during your lifetime and after your passing.

  • Personal and Business Liability: A tenant or a visitor could slip and fall on one of your properties, leading to a significant lawsuit. Without a proper legal structure, a judgment from a lawsuit related to one property could potentially put your other rental properties, your personal residence, savings, and other assets at risk.
  • The Probate Process: If you own rental properties in your own name, they are considered part of your personal estate. Upon your death, these properties will have to go through the probate court process in Greenville County. Probate is a public, often time-consuming, and expensive legal procedure where a court oversees the settling of your debts and the distribution of your assets. This process can delay your heirs’ access to the properties and their income for months or even years.
  • Creditor Claims: Your properties can be vulnerable to claims from your personal creditors. Similarly, if a lawsuit or debt arises from one property, it could impact others if they are not properly insulated from each other.
  • Heir and Family Disputes: When rental properties are left to multiple heirs without clear instructions, conflict often follows. Beneficiaries may disagree on key decisions: Should the properties be sold or kept? Who should manage them? How should rental income be distributed? These disagreements can lead to costly legal battles that diminish the value of the inheritance.
  • Personal Incapacity: If you were to become unable to manage your own affairs due to illness or injury, who would step in to manage your properties? Without a plan, your family would have to petition the court to have a guardian or conservator appointed, a public and restrictive process that may not align with your wishes.

How Does an LLC Protect Landlords in South Carolina?

The first line of defense for a real estate investor is establishing the right business structure. For most landlords, this means creating a Limited Liability Company, or LLC. An LLC is a legal entity, separate from its owners (who are called “members”), created under state law. Placing your rental properties into an LLC is a powerful first step in shielding your personal wealth from business-related liabilities.

The primary benefit of an LLC is the liability protection it offers. It creates what is often referred to as a “corporate veil” between your business assets (the rental properties) and your personal assets (your primary home, vehicles, and personal bank accounts).

Consider this scenario: A major plumbing failure occurs at one of your rental units, causing extensive damage to a tenant’s personal belongings and leading to a lawsuit.

  • If you own the property in your personal name, the tenant could sue you directly, and a judgment could be satisfied from your personal savings, your other properties, and other assets.
  • If the property is owned by an LLC, the tenant generally sues the LLC. The lawsuit is confined to that business entity, and any potential judgment is typically limited to the assets held within that specific LLC. Your personal assets and any other properties held in separate LLCs remain protected behind the corporate veil.

This separation is the cornerstone of asset protection for any serious real estate investor.

Should I Put Each Rental Property in a Separate LLC?

As your portfolio grows, a new question emerges: should you place all your properties into one large LLC or create a separate LLC for each individual property? There are distinct advantages and disadvantages to each approach, and the right answer depends on your financial situation and tolerance for risk.

  • Using a Single LLC: Placing all your rental properties into one LLC is simpler and less expensive to set up and maintain. However, it consolidates your risk. A lawsuit related to Property A would expose the equity in Properties B, C, and D within the same LLC. While it protects your personal assets, it does not protect the properties from each other.
  • Using Multiple LLCs: Creating a separate LLC for each property offers the maximum level of liability protection. A problem at one property is completely isolated and cannot affect the others. The drawback is the increased administrative burden and cost. Each LLC requires its own formation fees, annual filings with the South Carolina Secretary of State, and separate bank accounts.

For investors with a small number of properties or lower equity, a single LLC may be sufficient. However, for those with a substantial portfolio of high-equity properties, the strategy of isolating each asset in its own LLC becomes a much more attractive and prudent approach to risk management.

Integrating Your LLCs into Your Estate Plan

Forming one or more LLCs is an excellent start, but it only solves half of the problem. An LLC provides liability protection during your lifetime, but it does not, by itself, avoid probate. Your ownership stake in an LLC is called a “membership interest,” and it is considered a personal asset. When you pass away, that membership interest, just like a stock certificate or a bank account, must go through probate unless you have integrated it into a comprehensive estate plan.

This is where the two fields of law—business formation and estate planning—intersect. The goal is to create a seamless plan where the LLC protects your properties from lawsuits, and your estate plan directs how the ownership of that protected business passes to your heirs without court intervention. The most effective tool for achieving this is a Revocable Living Trust.

What Role Does a Revocable Living Trust Play?

A Revocable Living Trust is a legal document that creates a separate entity to hold your assets. You, as the creator of the trust (the “grantor”), typically serve as the initial manager (the “trustee”) and the initial beneficiary. The key step is to transfer your assets—including the membership interests of your rental property LLCs—into the trust.

Once this is done, the LLCs are no longer owned by you personally. They are owned by your trust. This simple change in title has profound effects:

  • Complete Probate Avoidance: Because you no longer personally own the LLCs at the time of your death, they are not part of your probate estate. Upon your passing, the person you named as your “successor trustee” in the trust document immediately takes control of the trust assets, including the LLCs, without any need for court approval. The process is efficient, private, and far less expensive than probate.
  • Seamless Incapacity Planning: The trust also protects you if you become incapacitated. Your successor trustee is empowered to step in and manage the trust assets—paying bills, collecting rent, and handling repairs for the rental properties—without having to go to court.
  • Enhanced Privacy: Probate is a public record. Anyone can go to the courthouse and see a list of your assets, their approximate value, and who your beneficiaries are. A trust is a private document, and its administration is handled confidentially among your trustee and beneficiaries.
  • Greater Control and Flexibility: Within the trust document, you can leave detailed instructions for your heirs. You can specify how the properties should be managed, whether they can be sold, and how the income should be used. This allows you to maintain control over your legacy long after you are gone, helping to prevent the family disputes that often arise when instructions are unclear.

How Do I Transfer My Rental Property LLCs to a Trust?

The process of funding your trust with your LLC membership interests requires careful attention to detail to ensure the transfer is legally valid. Attempting to do this without proper guidance can result in a failed plan.

The general steps include:

  • Drafting the Trust Document: First, a comprehensive Revocable Living Trust is created that reflects your wishes for asset management and distribution.
  • Reviewing the LLC Operating Agreement: This document governs your LLC. It is important to review it to ensure there are no restrictions on the transfer of membership interests to a trust. If you are the sole member, this is straightforward; with multiple members, it may require consent.
  • Preparing an Assignment of Membership Interest: This is the legal document that formally transfers your ownership of the LLC from you as an individual to you as the trustee of your trust.
  • Executing the Assignment: You sign the assignment document, officially making the trust the new owner of the LLC.
  • Amending LLC Records: The LLC’s internal records, including its membership ledger, should be updated to show that the trust is now the member.

Each step must be executed correctly to ensure the probate avoidance and asset protection benefits are fully realized.

Advanced Considerations for Greenville Real Estate Investors

A well-drafted trust allows for sophisticated planning that addresses the unique dynamics of your family and your business.

  • Accommodating Unequal Contributions: If you have one child who has been actively involved in managing the properties and others who have not, you may not want to divide ownership equally. A trust can be structured to give the active child managerial control while ensuring the other children receive a fair financial benefit, preventing conflicts over management styles.
  • Providing for Heirs with Special Needs: You can use the trust to hold properties for the benefit of a minor child until they reach a certain age. For a beneficiary with special needs who receives government assistance, an inheritance can be left in a “Special Needs Trust” to provide financial support without disqualifying them from their vital benefits.
  • Protecting Beneficiaries from Themselves: If you are concerned about an heir’s ability to manage money or their exposure to creditors or a potential divorce, you can include “spendthrift” provisions in your trust. This protects their inheritance by restricting their ability to sell their interest or have it seized by a creditor.
  • Creating a Liquidation Plan: You may not want your children to be landlords forever. Your trust can give your successor trustee clear instructions on when and how to sell the properties, such as when they reach a certain age, if the properties become unprofitable, or upon the agreement of the beneficiaries.

Taking the Next Step to Protect Your Real Estate Legacy

Owning rental properties in the Greenville area is an effective way to build wealth, but that wealth is only secure if it is properly protected. A proactive approach that pairs the liability shield of an LLC with the probate avoidance and control of a Revocable Living Trust provides a powerful, two-part solution. This integrated strategy ensures that your properties are safeguarded from legal threats during your lifetime and that your legacy can be passed on to your loved ones privately, efficiently, and according to your specific wishes.

If you are a landlord or investor in the Greenville area seeking to secure your portfolio for the future, the DeBruin Law Firm offers experienced legal guidance in creating these comprehensive plans. We are dedicated to helping clients safeguard their hard-earned assets.

To discuss your specific circumstances, we invite you to call us at (864) 982-5930 or message us online to schedule a consultation.

HIPAA Authorizations in Estate Planning: Ensuring Access to Medical Information in Greenville

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When unforeseen health crises arise, who will speak for your medical care? And perhaps even more importantly for your family, who will be able to access the medical information needed to make informed decisions and manage your affairs? In Greenville, as elsewhere, many individuals meticulously plan their estates, outlining how assets should be distributed and appointing fiduciaries to manage their financial legacies. Yet, a vital piece of this protective mosaic is often overlooked: ensuring access to medical information. Without proper authorization, even your closest family members or appointed agents may find themselves locked out of critical discussions with healthcare providers.

The Importance of Medical Information Access in Estate Planning

Your medical records contain sensitive, personal information about your health, diagnoses, treatments, and prognosis. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 established strict federal standards to protect the privacy of this health information. While HIPAA is vital for safeguarding patient privacy, it can inadvertently create barriers for family members or fiduciaries when a person becomes incapacitated or passes away.

Imagine a scenario where a spouse is suddenly hospitalized and unable to communicate. Without a HIPAA authorization, the other spouse, despite their marital relationship, may be denied access to treatment details, unable to discuss care options with doctors, or even be prevented from knowing where their loved one is being treated. This legal barrier can lead to immense stress, delays in care, and an inability for families to fully support their loved one during a vulnerable time.

For estate planning, this access is paramount. The individuals you designate to make healthcare decisions for you (your healthcare agent) or to manage your financial affairs (your power of attorney agent or trustee) often need medical information to fulfill their roles effectively. For instance, a financial agent might need to confirm a diagnosis for an insurance claim or to understand the duration of a long-term care need. Without a valid HIPAA release, they could be stymied at every turn.

What is a HIPAA Authorization?

A HIPAA authorization is a legal document that gives specific individuals or entities permission to access your protected health information (PHI). It acts as a waiver of your HIPAA privacy rights, allowing healthcare providers to share your medical records with the people you name. This authorization is distinct from, but works in conjunction with, other estate planning documents like a Durable Power of Attorney for Healthcare or a Living Will.

For an authorization to be valid under HIPAA, it must contain several key elements:

  • Specific Description of Information to be Disclosed: The authorization must clearly state what type of information can be released (e.g., all medical records, specific diagnoses, treatment plans).
  • Identification of Parties Authorized to Make the Disclosure: This specifies the healthcare providers or entities that are permitted to release your information.
  • Identification of Parties to Whom Information May Be Disclosed: You must clearly name the individuals or organizations who are allowed to receive your health information.
  • Purpose of the Disclosure: The reason for sharing the information must be stated (e.g., for healthcare decision-making, insurance purposes, estate administration).
  • Expiration Date or Event: The authorization must specify when it expires, or describe an event that triggers its expiration (e.g., “upon my death” or “when my medical condition improves”). If no date or event is specified, it remains valid until revoked.
  • Signature and Date: The authorization must be signed and dated by the individual or their authorized representative.
  • Right to Revoke: The document must inform you of your right to revoke the authorization in writing at any time.

Without these elements, a healthcare provider may refuse to release information, citing HIPAA regulations.

Distinguishing HIPAA Authorizations from Other Estate Planning Documents

While a HIPAA authorization grants access to information, it does not grant the authority to make decisions. This is where other estate planning documents come into play:

  • Durable Power of Attorney for Healthcare (Healthcare Power of Attorney): This document designates a specific person (your healthcare agent or proxy) to make medical decisions on your behalf if you become unable to do so yourself. While this document grants decision-making authority, it does not automatically grant access to your medical records due to HIPAA. However, a HIPAA authorization can be added to your healthcare power of attorney to ensure that your healthcare agent has all of the authorization they need.
  • Living Will (Advance Directive for Healthcare): A Living Will expresses your wishes regarding life-sustaining treatment in the event you are terminally ill or in a persistent vegetative state. It guides your healthcare providers and agents in end-of-life decisions. Like the Healthcare Power of Attorney, a Living Will states your desires, but does not provide direct access to your medical records; a HIPAA authorization is needed for your designated individuals to review the information relevant to these decisions.
  • Durable Power of Attorney for Finances: This document appoints an agent to manage your financial affairs if you become incapacitated. While primarily focused on financial matters, your financial agent may also need access to medical information to file insurance claims, apply for benefits, or manage medical bills. A broad HIPAA authorization can facilitate this process.
  • Last Will and Testament: Your Last Will and Testament primarily dictates how your assets are distributed after your death and appoints an executor to manage your estate. After your passing, your executor may need access to some medical records, particularly to settle medical bills or insurance claims. A post-mortem HIPAA authorization can be included in your estate plan to address this.

It is important to emphasize that these documents work in concert. A healthcare agent with decision-making power is significantly more effective if they also have the ability, via a HIPAA authorization, to discuss your condition thoroughly with your medical team.

Legal Ramifications of a Missing HIPAA Authorization

In South Carolina, the absence of a HIPAA authorization can lead to significant complications and distress for families. Without this specific document, healthcare providers are legally bound to protect your medical information. This means:

  • Delays in Medical Care: Family members may struggle to get updates on your condition, understand treatment options, or authorize necessary procedures if they cannot access your medical records. Valuable time can be lost trying to navigate HIPAA regulations.
  • Inability to Make Informed Decisions: Even if you have a healthcare power of attorney, your agent may not be able to effectively make decisions without detailed medical information from your doctors. They might not understand the full scope of your diagnosis or the potential side effects of treatments.
  • Financial Complications: Your financial agent may encounter difficulties with health insurance claims, applying for disability benefits, or accessing long-term care insurance proceeds if they cannot obtain the required medical documentation.
  • Family Conflict: When medical information is withheld, it can exacerbate existing family tensions, as different family members may seek information or believe they have the right to intervene. The lack of a clear authorization can create confusion and disputes during already emotional times.
  • Court Intervention: In extreme cases, if no valid authorization exists and medical information is critically needed, family members may be forced to seek a court order to gain access. This process is time-consuming, expensive, and adds further burden during a crisis.

These legal hurdles are entirely avoidable with proactive planning and the inclusion of a comprehensive HIPAA authorization in your estate plan.

Strategic Integration of HIPAA Authorizations into Your Estate Plan

Integrating HIPAA authorizations effectively requires careful thought to ensure they align with your overall estate planning goals.

Who Should Be Authorized?

The individuals you authorize to access your medical information should be the same trusted people you designate as your healthcare agents, financial agents, and successor trustees. Consider:

  • Spouse or Partner: Often the primary individual.
  • Adult Children: If you have multiple children, decide if all or only certain ones should have access.
  • Trusted Friends or Other Relatives: If you do not have close family members or prefer someone outside your immediate family.
  • Professional Fiduciaries: If you appoint a professional to manage your affairs, they will also require access.

It is generally recommended to name primary and at least one successor individual to ensure continuity if your first choice is unable to act.

Scope of Authorization

The authorization can be broad or specific. While a broad authorization simplifies things by allowing access to all your health information, you may choose to limit it if you have specific privacy concerns. However, for comprehensive estate planning, a broad authorization is typically more effective to prevent unforeseen barriers. This includes permission to discuss your mental health, which some standard authorizations may omit.

Effective Dates and Events

Most HIPAA authorizations are designed to become effective immediately upon signing and remain valid indefinitely or until revoked. For estate planning purposes, it’s beneficial to have one that is immediately effective, so your designated individuals can access information if needed for planning or if you become incapacitated. It should also explicitly state that it remains valid after your death, allowing your executor to handle final medical bills and related matters.

Collaboration with Healthcare Providers

Once your HIPAA authorization is executed, it is a good practice to:

  • Provide Copies: Give copies to your authorized individuals and ensure they know where the original is stored.
  • Inform Your Doctors: Provide copies to your primary care physician and any specialists you regularly see. Ask them to add it to your medical file. This proactive step can prevent delays when the authorization is needed.
  • Review Regularly: As with all estate planning documents, review your HIPAA authorization periodically (e.g., every 3-5 years, or after significant life events) to ensure it still reflects your wishes and includes all relevant individuals.

Common Scenarios Where HIPAA Authorization Proves Invaluable

Let’s consider specific situations where a well-drafted HIPAA authorization can make a significant difference:

  • Emergency Hospitalization: Your spouse needs to know your diagnosis and prognosis to make decisions about your care. Without a HIPAA release, hospital staff might refuse to share details, citing privacy concerns.
  • Long-Term Care Planning: Your adult child is helping you plan for long-term care, and needs to discuss your cognitive abilities or physical limitations with your doctors to determine appropriate living arrangements and care levels.
  • Insurance Claims and Benefits: Your designated agent is attempting to file a claim with your disability insurance or long-term care insurance provider. These providers will require medical documentation to process the claim, which your agent cannot obtain without a HIPAA authorization.
  • Managing Medications: If you are incapacitated, your appointed agent might need to discuss your medication regimen with your doctor to ensure continuity of care or to pick up prescriptions.
  • End-of-Life Discussions: Your healthcare agent needs to discuss your prognosis and treatment options with your medical team to align decisions with your Living Will, especially if new information arises.
  • Post-Mortem Administration: After your passing, your executor may need to access medical records to resolve outstanding medical bills, deal with health insurance claims, or handle potential wrongful death claims. A specific post-mortem authorization is highly beneficial here.

These examples underscore that medical information access is not just for life-threatening emergencies, but also for routine management of affairs that intersect with your health.

Ensuring Your Documents Are Readily Accessible

Creating the HIPAA authorization is only half the battle; ensuring it is accessible when needed is just as vital.

  • Secure but Accessible Storage: Do not lock your original HIPAA authorization in a safe deposit box that no one can access without a court order. Store it with your other estate planning documents in a fireproof, waterproof home safe that your designated agents know how to access.
  • Provide Copies to Authorized Individuals: Give each person you name in your authorization a copy. Instruct them to keep it in an easily retrievable location, perhaps with a copy of your Healthcare Power of Attorney.
  • Digital Copies: While original documents are usually preferred for legal purposes, having scanned digital copies of your HIPAA authorization on a secure, encrypted drive or a secure cloud storage can provide backup and quick reference. However, note that scanned copies may not always suffice for official original-will requirements, but for a HIPAA release, they can often facilitate initial information sharing.
  • Inform Your Healthcare Providers: As mentioned, providing copies to your doctors and hospitals ahead of time can expedite access when it is most needed.

Review and Update Your HIPAA Authorization Regularly

Life circumstances change, and so should your estate plan, including your HIPAA authorization. It is important to review and update this document when:

  • You get married, divorced, or remarry: Your relationships change, and your designated individuals may need to be updated.
  • You have children or grandchildren: You may want to add adult children to your list of authorized individuals.
  • An authorized individual passes away or becomes incapacitated: You will need to name a new primary or successor.
  • You move to a new state: While HIPAA is federal law, state laws can influence how medical powers of attorney and related documents are interpreted.
  • There are significant changes in your health: You might want to adjust who has access based on new medical needs.
  • Every few years, generally: Even without major life events, a periodic review ensures the document remains current and reflects your wishes.

Safeguarding Your Medical Information While Ensuring Access

The goal of a HIPAA authorization is not to compromise your privacy but to ensure that the right people have the right information at the right time. By carefully naming your authorized individuals and defining the scope of their access, you maintain control over your sensitive medical data while preventing unnecessary obstacles for those acting on your behalf.

It is a delicate balance, and a well-drafted authorization achieves this by:

  • Limiting Scope to Necessary Individuals: Only those directly involved in your care or financial management gain access.
  • Defining Purpose: The reason for access is clearly stated, preventing misuse of information.
  • Retaining Right to Revoke: You always have the power to cancel the authorization if your wishes or circumstances change.

This proactive approach protects your privacy by design, channeling information only to your chosen representatives.

Secure Your Healthcare Future: HIPAA Authorization in Your Estate Plan.

A comprehensive estate plan includes HIPAA authorization for seamless access to medical information. Without it, healthcare directives or financial powers of attorney may be ineffective, causing stress for your family. This essential document ensures your trusted loved ones can manage your health with full access to necessary information.

At De Bruin Law Firm, we believe in a holistic approach to estate planning that anticipates both financial and healthcare needs. Our dedicated team is here to guide you through the process of creating or updating your estate plan, ensuring that it includes comprehensive HIPAA authorizations tailored to your specific wishes and circumstances.

Call us today at (864) 982-5930 or message us online to schedule a consultation. Let us help you put a solid plan in place for securely managing your medical and financial future.

Federal Estate Tax Exemption Made Permanent, Increased to $15 Million by New Legislation

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For the past several years, estate planning for high-net-worth individuals and families has been shaped by a significant provision in the federal tax code that was set to expire. The scheduled expiration, often called a “sunset provision,” created a degree of uncertainty for long-term financial strategies, as the federal estate tax exemption was slated to be reduced significantly at the end of 2025.

At The De Bruin Law Firm, our work requires careful monitoring of legislative developments that impact our clients’ estate plans. A new piece of legislation, the One Big Beautiful Bill Act (OBBBA), was signed into law on July 4, 2025. This act makes notable alterations to the rules governing the federal estate tax, providing a new framework for generational wealth transfer in the United States.

What Was the “Sunset Provision”?

To understand the impact of the new law, it is necessary to review the legislation it amends. The Tax Cuts and Jobs Act (TCJA) of 2017 temporarily doubled the federal estate tax exemption, which is the amount of assets a person can transfer without incurring federal estate tax.

With annual adjustments for inflation, this exemption amount reached $13.99 million per individual (or $27.98 million for married couples) in 2025. The temporary nature of this increase was due to a “sunset provision” in the TCJA, which scheduled the higher exemption to expire after December 31, 2025.

Had this sunset occurred, the exemption would have reverted to its pre-TCJA level, estimated to be approximately $7 million per person in 2026 after factoring in inflation. This potential reduction in the exemption amount was a key consideration in many estate planning decisions that were made in recent years.

The “One Big Beautiful Bill Act” (OBBBA): Key Provisions and Changes

The OBBBA, enacted in July 2025, addresses the sunset provision directly. The legislation also increases the exemption amount beyond the levels set by the TCJA.

The key changes to the federal estate and gift tax exemption under the OBBBA include:

  • Permanence: The bill eliminates the sunset clause from the TCJA, making the higher exemption a permanent feature of the tax code, subject to any future legislative changes.
  • An Increased Exemption Amount: Beginning in 2026, the federal estate and gift tax exemption is set at $15 million per individual. This allows a married couple to transfer a combined total of $30 million.
  • Annual Inflation Adjustments: The new $15 million base amount will be adjusted for inflation annually, starting in 2026.

This legislation alters the future of the exemption, which was projected to be around $7 million, and instead establishes it at a permanent level of $15 million.

What Do These Changes Mean for Estate Planning in Greenville, SC?

The establishment of a permanent, higher federal exemption has several notable implications for individuals and families engaged in estate planning.

  • More Stability for Long-Term Planning: A primary effect of the new law is the removal of the uncertainty caused by the sunset provision. This allows for the development of long-term estate plans with a clearer understanding of the applicable tax rules.
  • Increased Capacity for Tax-Free Transfers: With a $15 million per-person exemption, individuals can bequeath more assets without triggering federal estate, gift, or generation-skipping transfer (GST) taxes, which remain the same under the new law.
  • Continued Use of Portability: For married couples, the “portability” provision remains an important planning tool. Portability allows a surviving spouse to utilize the unused portion of their deceased spouse’s exemption, effectively allowing the couple to pass on up to $30 million, plus inflation adjustments, free from federal estate tax.

Is Estate Planning Still Necessary in Greenville, SC?

While the federal exemption amount is now higher, this change does not diminish the need for a well-structured estate plan. The federal estate tax is only one component of a comprehensive plan.

Consider the following points:

  • State-Level Estate and Inheritance Taxes: While South Carolina does not currently impose its own estate or inheritance tax, a number of other states do. These state-level taxes often have much lower exemption amounts than the federal government. For individuals who own property in other states, this remains a key planning consideration.
  • Non-Tax Objectives of Planning: The core purpose of estate planning extends beyond tax mitigation. A comprehensive plan ensures your assets are distributed according to your specific wishes, provides protection for your beneficiaries, designates guardians for minor children, and prepares for the possibility of future incapacity. These goals are unrelated to the federal exemption amount.
  • Potential for Future Legislative Changes: The term “permanent” in tax law means the provision does not have a scheduled expiration date. However, any future Congress has the authority to pass new laws that could alter the exemption again. Regular reviews of your estate plan remain a prudent measure.

The new law provides a different framework for wealth preservation and transfer. For those whose plans were created based on the previous rules, it may be time for a review to align strategies with the current legal landscape.

A Changed Legal Landscape

The legal and financial environments are subject to future changes. At The De Bruin Law Firm, we work to provide our clients with estate planning strategies that reflect the most current laws.

The legislative changes brought about by the OBBBA may impact your family’s financial and legacy goals. If you have questions about how the new $15 million federal estate tax exemption affects your planning, call us at (864) 982-5930 or contact us online to schedule a consultation to review your estate plan.

What Happens if You Die Without a Will in Greenville County, SC?

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Navigating the loss of a loved one is incredibly difficult. When that loss is compounded by the absence of a will, families in Greenville County often face a complex and uncertain legal landscape. If someone passes away without a valid will in Greenville County, South Carolina law dictates how their assets are distributed through a process called intestate succession, overseen by the Greenville County Probate Court.

South Carolina law provides a default plan, but this plan may not align with what your loved one would have wanted. Knowing how the system works can alleviate some stress during an already challenging time. Here, we explore South Carolina’s intestate succession laws, the probate process specific to Greenville County, potential complications, and how proactive estate planning can prevent these issues.

Understanding Intestacy and South Carolina’s Laws

When a person passes away without a valid Last Will and Testament, they are said to have died intestate. This situation triggers a specific set of legal rules under South Carolina law that dictate how the deceased person’s assets, known as their probate estate, are distributed among their surviving relatives.

What Does Dying Intestate Mean in South Carolina?

Dying intestate means the state, not the individual, determines who inherits the property. South Carolina’s laws of intestate succession act as a default estate plan. These laws are designed to distribute assets in a way the legislature presumed most people would choose, typically prioritizing the closest family members. However, this statutory plan often differs significantly from what the person might have specified had they created a will. Without a will, there’s no designated executor to manage the estate, no named guardians for minor children, and no specific instructions for distributing personal belongings or assets with sentimental value.

The South Carolina Probate Code: Governing Intestate Estates

The primary legal framework governing these situations is the South Carolina Probate Code, specifically Title 62. This code outlines a clear hierarchy for inheritance based on familial relationships. It details who qualifies as an heir at law and the specific share of the estate each eligible relative receives. The code covers various scenarios, including situations involving a surviving spouse, children, parents, siblings, and more distant relatives. Understanding these provisions is vital for anyone involved in settling an intestate estate in Greenville County.

Role of the Greenville County Probate Court in Intestate Cases

The Greenville County Probate Court plays a central role in overseeing the administration of intestate estates within its jurisdiction. The court is responsible for:

  • Appointing a Personal Representative: Since no executor was named, the court appoints someone (often a close family member) to manage the estate administration process. This individual receives official authority through documents called Letters of Administration.
  • Overseeing Asset Distribution: The court ensures that the estate’s assets are distributed according to South Carolina’s intestate succession laws.
  • Resolving Disputes: If conflicts arise among potential heirs or creditors, the Probate Court provides the legal forum for resolving these issues.
  • Ensuring Legal Compliance: The court monitors the personal representative’s actions to ensure they comply with all legal requirements, including notifying heirs, paying debts, and filing necessary reports.

Navigating the procedures of the Greenville County Probate Court can be complex, making legal guidance often beneficial. In summary, intestacy triggers state laws and court oversight to distribute assets when no will exists.

Who Inherits Your Estate Without a Will in Greenville County?

South Carolina’s intestate succession laws establish a specific order for who inherits property when someone dies without a will. The distribution depends entirely on which relatives survive the decedent.

The Legal Hierarchy: Determining Heirs Under SC Law

The South Carolina Probate Code outlines the following priority for heirs at law:

  • Surviving Spouse:
    • If the decedent has no surviving children (or descendants), the spouse inherits the entire probate estate.
    • If the decedent has surviving children, the spouse inherits one-half (50%) of the probate estate.
  • Children (Descendants):
    • If there is no surviving spouse, the children inherit the entire probate estate, divided equally among them.
    • If there is a surviving spouse, the children inherit the remaining one-half (50%) of the probate estate, divided equally.
    • The term “children” legally includes adopted children in South Carolina. Grandchildren may inherit the share their parent would have received if that parent predeceased the decedent (known as inheritance per stirpes).
  • Parents:
    • If the decedent has no surviving spouse or children, the parents inherit the entire estate equally, or the surviving parent inherits it all.
  • Siblings:
    • If the decedent has no surviving spouse, children, or parents, the siblings inherit the entire estate equally. Descendants of deceased siblings may inherit their parent’s share.
  • More Distant Relatives: If none of the above relatives survive, the law looks to grandparents, aunts, uncles, cousins, and other next of kin based on degrees of relationship.

What Happens if No Heirs Are Found? (Escheat to South Carolina)

In the rare event that absolutely no eligible heirs can be identified after a thorough search, the entire probate estate “escheats” to the State of South Carolina. This means the state government takes ownership of the assets. This outcome underscores the importance of having at least a basic will, even if one believes they have no close family.

Special Considerations: Stepchildren, Non-Marital Children, and Dependents

Intestacy laws can create complications in modern family structures:

  • Stepchildren: Stepchildren generally have no inheritance rights under South Carolina intestacy laws unless they were legally adopted by the decedent.
  • Non-Marital Children: Children born outside of marriage can inherit from their mother automatically. They can inherit from their father only if paternity was legally established before the father’s death (e.g., through court order, acknowledgement, or subsequent marriage of the parents).
  • Dependents: While the law prioritizes heirs based on relation, certain allowances might be available for financially dependent family members during the probate process, but specific inheritance rights are strictly defined by the hierarchy.

These rules highlight how intestacy may exclude individuals the decedent considered family or intended to provide for. Essentially, SC law follows bloodlines strictly, which can lead to surprising outcomes without a will.

Navigating the Probate Process for Intestate Estates in Greenville County

Probate is the court-supervised process of validating a deceased person’s affairs, paying debts, and distributing assets. When someone dies intestate in Greenville County, the probate process follows specific steps mandated by South Carolina law and overseen by the local court.

Initiating Probate: Filing and Appointing a Personal Representative

The process typically begins when an interested party (usually a potential heir) files an application with the Greenville County Probate Court to open the estate and be appointed as the Personal Representative. Since there is no will naming an executor, the court appoints someone based on a statutory priority list (often spouse, then adult children, then other relatives). The appointed Personal Representative receives Letters of Administration, granting them the legal authority to act on behalf of the estate.

Key Duties of the Personal Representative

The Personal Representative has significant responsibilities, acting under the court’s supervision. Key duties include:

  • Inventory and Valuation of Estate Assets: Identifying, locating, and determining the value of all assets belonging to the decedent that are subject to probate (real estate, bank accounts, vehicles, personal property, investments).
  • Notifying and Paying Creditors: Formally notifying known creditors and publishing a notice to potential unknown creditors. Valid debts, taxes, and funeral expenses must be paid from estate assets before distribution to heirs.
  • Managing Estate Assets: Protecting and managing assets during the probate period (e.g., maintaining property, managing investments).
  • Distributing Assets to Heirs: Once debts are paid and tasks are complete, distribute remaining assets to heirs according to SC intestate succession laws.
  • Filing Court Documents: Submitting required documents to the Greenville County Probate Court (inventories, accountings, final reports).

Greenville County Probate Court Procedures and Timelines

The probate process in Greenville County generally follows state procedures but involves specific local forms and filing requirements. The timeline can vary significantly, often taking six months to a year for straightforward cases, but potentially two years or longer for complex estates with disputes or creditor issues.

Understanding Small Estate Affidavits in South Carolina

For very small estates, South Carolina offers a simplified process. If the probate estate’s value (less liens and encumbrances) does not exceed $25,000 and does not include real estate, eligible successors may use a Small Estate Affidavit to collect assets, potentially avoiding formal probate.

Probate ensures legal transfer of assets but involves court oversight, specific duties for the Personal Representative, and varying timelines.

Potential Complications and Challenges When Dying Intestate

While South Carolina’s intestacy laws provide a framework, dying without a will often leads to complications and challenges that can cause stress, delays, and unintended consequences for surviving family members.

Family Disputes and Conflicts Over Inheritance

The absence of clear instructions in a will is a common catalyst for disputes among heirs. Disagreements can arise over:

  • Who should serve as the Personal Representative.
  • The valuation of assets.
  • Whether certain property should be sold.
  • Perceived unfairness in the statutory distribution, especially in blended families or where relationships were strained.

These conflicts can lead to costly probate litigation and damage family relationships permanently.

Appointing Guardians for Minor Children

One of the most significant oversights in intestacy is the lack of designated guardians for minor children. If both parents pass away without a will naming guardians, the Greenville County Probate Court must appoint someone. While the court prioritizes the children’s best interests, the appointed guardian may not be the person the parents would have chosen, leading to potential instability and distress for the children.

Probate Delays Caused by Complex Assets or Disputes

Intestate estates involving complex assets like businesses, extensive real estate holdings, or valuable collections often face significant delays. Valuing these assets, managing them during probate, and deciding on their distribution can be time-consuming. Furthermore, any disputes among heirs or challenges from creditors will inevitably prolong the probate process, sometimes for years.

Issues with Out-of-State Property or Missing Heirs

Complications multiply if the decedent owned real estate in another state (requiring ancillary probate in that jurisdiction) or if potential heirs are difficult to locate. Identifying and notifying all legal heirs, especially distant relatives, can be a lengthy and expensive process, delaying the final settlement of the estate.

Intestacy can breed conflict, uncertainty for minors, and significant delays, especially with complex assets or family situations.

Financial and Legal Implications of Intestacy in Greenville County

Dying without a will carries significant financial and legal consequences beyond just the distribution of assets. Understanding these implications is important for families navigating the aftermath.

Settling Estate Debts and Liabilities

Under South Carolina law, the decedent’s debts must be paid before any assets can be distributed to heirs. The Personal Representative is responsible for identifying creditors, validating claims, and using estate funds to pay outstanding bills (mortgages, loans, credit cards, medical bills, funeral expenses). If the estate lacks sufficient liquid assets, the Personal Representative may need to sell property to satisfy these obligations, which might conflict with the family’s wishes.

Estate Taxes and Intestate Succession in South Carolina

South Carolina currently does not impose a state-level estate tax or inheritance tax. However, very large estates may still be subject to federal estate taxes. The Personal Representative must determine if the estate exceeds the federal exemption threshold and file necessary tax returns. Income generated by estate assets during probate may also be subject to income tax.

Wrongful Death Claims in Intestate Estates

If the decedent’s death was caused by the negligence or wrongful act of another party, the Personal Representative may have grounds to file a wrongful death lawsuit on behalf of the estate and eligible beneficiaries. Any settlement or judgment obtained becomes part of the estate, subject to creditor claims and distribution rules, though specific statutes govern how wrongful death proceeds are allocated.

Understanding Non-Probate Assets vs. Probate Assets

It’s important to recognize that not all assets are controlled by intestacy laws or the probate process. Non-probate assets pass directly to a named beneficiary or co-owner outside of court supervision. Common examples include:

  • Life insurance policies with designated beneficiaries.
  • Retirement accounts (e.g., 401(k)s, IRAs) with designated beneficiaries.
  • Bank accounts or property held in joint tenancy with right of survivorship.
  • Assets held in a living trust.

These assets bypass probate, regardless of whether a will exists. Identifying which assets are probate vs. non-probate is a key early step.

How Estate Planning Prevents Intestacy and Protects Your Wishes

The challenges and potential heartaches associated with dying intestate are largely preventable through proactive estate planning. Creating even a basic estate plan ensures your wishes are known and legally binding, providing peace of mind for you and your loved ones.

The Power of a Last Will and Testament

A Last Will and Testament is the cornerstone of most estate plans. This legal document allows you to:

  • Specify Beneficiaries: Clearly state who inherits your assets and in what proportions, overriding intestacy rules.
  • Nominate an Executor: Choose a trusted person to manage your estate.
  • Appoint Guardians: Designate guardians for your minor children.
  • Include Specific Bequests: Leave particular items to specific individuals.
  • Create Testamentary Trusts: Establish trusts within your will for specific purposes.

Using Trusts to Avoid Probate and Control Asset Distribution

Living trusts (revocable or irrevocable) offer additional benefits, including potentially avoiding the probate process altogether for assets held within the trust. Trusts can provide privacy, continuity of asset management, detailed control over distributions, and sometimes asset protection.

Benefits of Proactive Estate Planning in Greenville, SC

Taking the time to create an estate plan offers numerous advantages:

  • Ensures your assets go to the people and causes you choose.
  • Minimizes potential family conflicts.
  • Reduces the time, cost, and stress of probate.
  • Provides for the care of minor children.
  • Allows planning for potential incapacity (Powers of Attorney, Health Care Directives).
  • Offers peace of mind.

Working with an experienced Greenville estate planning attorney helps create a comprehensive plan tailored to your needs.

Experienced Guidance for Intestate Probate in Greenville County

Dealing with the death of a loved one is never easy, and navigating the complexities of an intestate estate in Greenville County can add significant stress. Whether you are facing the probate process without a will or wish to proactively plan to protect your own family from intestacy, having knowledgeable legal support is invaluable.

At DeBruin Law Firm, we understand the intricacies of South Carolina probate law and the specific procedures of the Greenville County Probate Court. We provide compassionate and skilled guidance to families managing intestate estates, helping personal representatives fulfill their duties efficiently and ensuring assets are distributed correctly. We also assist individuals and families in creating comprehensive estate plans, including wills and trusts, to prevent the uncertainties of intestacy.

If you need assistance with an intestate estate or want to create an estate plan to secure your legacy, contact DeBruin Law Firm today. Call us at (864) 982-5930 or reach out through our online form to schedule a consultation. Let us help you navigate these important legal matters with confidence and care.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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