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Estate Planning

5 Common Mistakes To Avoid When Planning For Your Family’s Future

April 28, 2016/in Estate Planning

5 Common Mistakes To Avoid When Planning For Your Family’s Future in South Carolina

In their twenties and thirties, the last thing most people are thinking about is what will happen to their assets after they pass away. Young adulthood and early middle age are typically consumed with building careers, raising children, purchasing homes, and managing day-to-day living expenses.

Thinking about end-of-life logistics or unexpected incapacity often feels premature, uncomfortable, or unnecessary—especially if you do not consider yourself wealthy. However, it’s never too early to think about estate planning in South Carolina, even if you don’t feel like you have much of an estate to plan at this point. In reality, an “estate” isn’t limited to sprawling plantations, multi-million-dollar portfolios, or vast family trusts. Your estate consists of everything you own: your house, vehicle, bank accounts, retirement funds, digital assets, personal belongings, and even your family pet.

Unfortunately, there’s a lot of confusion over how to properly execute estate planning as well as tactics that can help your estate save money, avoid unnecessary legal hurdles, and protect your loved ones over the long term. Many individuals rely on assumptions, well-meaning advice from non-experts, or cheap online templates that fail to account for specific state laws.

In South Carolina, estate planning involves specific statutory requirements under the South Carolina Probate Code, unique tax considerations, and procedural nuances that can make or break your family’s financial security.

At De Bruin Law Firm, we understand how instrumental an estate planning attorney in SC can be to the security of your family, and we strive to handle each case with a personal touch.

We know that estate planning is not just about paperwork—it is about providing peace of mind and preserving harmony among those you leave behind. To that end, we’ve gathered up some of the most common mistakes that people make when they try to execute this legal process on their own or delay it until it is too late.

Not Knowing The Difference Between An Estate Plan And A Will

Lots of people know that they should have a last will and testament to ensure their wishes are carried out after they pass away. It is one of the most widely recognized legal documents in popular culture. However, not everyone realizes a will is only one part of the puzzle.

While both are estate planning devices, they serve very different functions when it comes to your family’s future. Basically, a will is one element of a complete estate plan.

A Last Will and Testament is a foundational legal document that dictates who will inherit your property, who will serve as the Personal Representative (executor) to oversee the settlement of your affairs, and who will serve as the legal guardian of your minor children should both parents pass away. However, relying solely on a will leaves significant gaps in your protection strategy:

A Will Only Takes Effect Upon Death: A will provides zero protection or direction if you become incapacitated due to an illness or injury. It cannot authorize someone to pay your mortgage, manage your investments, or make medical decisions on your behalf while you are alive.
A Will Does Not Avoid Probate: A common misconception in South Carolina is that having a will allows your family to skip probate court. In truth, a will serves as the instruction manual for the probate court. Under the South Carolina Probate Code, a will must be submitted to the probate court in the county where you resided to be validated and executed. Probate can be a public, lengthy, and sometimes costly process.
A Will Cannot Overrule Certain Beneficiary Designations: Assets such as life insurance policies, 401(k)s, IRAs, and bank accounts with “Payable on Death” (POD) or “Transferable on Death” (TOD) designations pass directly to the named beneficiary outside of the will. If your will says your daughter gets everything, but your ex-spouse is still listed as the primary beneficiary on your retirement account, the financial institution is legally obligated to hand those funds to your ex-spouse. A comprehensive estate plan, by contrast, creates a cohesive ecosystem of legal protections. Beyond a basic will, essential elements of a robust estate plan include:

Durable Power of Attorney (Financial): Grants a trusted individual the authority to handle financial and legal decisions if you are unable to do so.
Healthcare Power of Attorney: Designates a representative to make medical treatment decisions for you when you cannot communicate your own wishes.
Living Will (Declaration for a Desire for a Natural Death): Outlines your specific preferences regarding life-prolonging measures and end-of-life care in South Carolina.
Trusts: For many individuals and families, establishing a revocable living trust, irrevocable trust, or testamentary trust offers distinct advantages. Trusts can allow your estate to bypass probate entirely, keep your financial affairs private, provide creditor protection, and control how and when assets are distributed to beneficiaries—such as staggering distributions for children, grandchildren, a favorite charity, or even providing continuous care for a family pet in the future.

Not Planning For Disability

Even those who are familiar with the elements of a good estate plan can become hyper-focused on structuring this plan to be executed after their death. There are other reasons to have an estate plan in place, however, including unexpected disability or incapacity. A sudden car accident, stroke, traumatic brain injury, or early-onset degenerative illness can strike at any age. Physical or cognitive limitations that make it impossible to work, care for your family, or take care of your property leave your estate—and your family’s financial stability—at severe risk if you haven’t planned ahead. When an adult becomes incapacitated without proper disability planning documents in place, their family faces immediate legal and operational roadblocks:

Financial Paralysis: Even if you are married, your spouse does not automatically have the unconditional legal right to manage individually held bank accounts, sell joint real estate, alter investments, or adjust accounts solely in your name. Without a legal document granting authority, bank accounts can be frozen, bills can go unpaid, and property transactions can grind to a halt.
Court-Ordered Guardianship and Conservatorship: To gain the authority to handle your healthcare and finances, your family members may be forced to petition the South Carolina Probate Court to declare you legally incapacitated and appoint a Guardian (for healthcare and personal decisions) and a Conservator (for financial decisions). This process is notoriously expensive, stressful, public, and time-consuming. It involves court hearings, legal fees, medical evaluations, and ongoing court oversight, including mandatory annual accounting reports.
Loss of Privacy and Control: When the court appoints a conservator or guardian, the judge decides who manages your affairs—which may not be the person you would have chosen. Furthermore, court intervention subjects your family’s private finances and personal health details to public record. By incorporating robust incapacity planning into your overall estate strategy, you retain total control over who steps in to manage your affairs. A well-drafted Durable Power of Attorney and Healthcare Power of Attorney ensure that your designated agent can seamlessly take over financial management and healthcare decisions the moment disability occurs, completely bypassing the need for burdensome court proceedings.

Not Giving Enough Money Away

While it’s important to make good investments so that your wealth is secure for your dependents in the future, waiting until you’ve passed away isn’t always the best way to bequeath it. Strategic lifetime gifting is a powerful, often overlooked tool in personal wealth management and family planning. Under federal tax regulations enforced by the Internal Revenue Service (IRS), individuals can take advantage of the annual gift tax exclusion. This mechanism allows you to gift up to a specified threshold each year per recipient without incurring gift taxes or triggering reporting requirements that count against your lifetime estate tax exemption. Married couples can double this benefit by pooling their exclusions to gift twice as much to individual recipients annually. Strategic lifetime gifting provides two significant advantages:

Tax Efficiency and Preservation of Wealth: Gifting assets during your lifetime removes those funds—and any future appreciation on those assets—from your gross estate. For larger estates, proactive gifting can significantly reduce potential federal estate tax liabilities and lower administrative probate fees in South Carolina, which are calculated based on the total value of assets passing through the probate estate. It allows you to avoid giving your hard-earned assets unnecessarily to government administrative costs or tax liabilities.
Experiencing the Human Impact of Your Generosity: Perhaps the greatest non-financial benefit of lifetime gifting is emotional. By transferring wealth while you are alive, you are able to see the benefits of your gift in the lives of individuals you gift to while you’re still around to enjoy it. Whether it is helping a child buy their first home, paying down a grandchild’s college tuition, funding a family business venture, or contributing directly to a cause close to your heart, lifetime giving transforms an abstract future inheritance into a meaningful present reality. An experienced estate planning attorney can help you structure a gifting schedule that balances your personal financial security with tax-smart distributions, ensuring you never give away more than you can comfortably afford to spare.

Not Choosing The Right Person To Manage Your Estate

As we mentioned previously, a comprehensive estate plan includes several different types of documentation, including your selection for power of attorney, trustees, healthcare representatives, and the personal representative named in your will. Selecting the individuals who will fill these roles is one of the most critical decisions you will make during the estate planning process. Too often, people choose estate managers based solely on emotion, family tradition, or social pressure. For example, parents frequently name their oldest child out of a sense of obligation, or select a close relative simply to avoid hurting someone’s feelings. However, administering an estate or acting as a power of attorney is a demanding legal job, not a trophy or an honorific title. The wrong choice can lead to family conflict, mismanagement of funds, delayed distributions, and even costly legal battles. When selecting the individuals who will manage your estate and health care decisions, consider the following key traits:

Trustworthiness and Integrity: These positions carry a fiduciary duty—the highest legal duty of loyalty and care. You must select someone who will act scrupulously in your best interests and strictly adhere to your written instructions, rather than succumbing to personal biases or self-interest.
Financial Acumen and Organization: An estate administrator or financial agent must keep meticulous records, coordinate with attorneys and accountants, manage investments, pay creditors, settle taxes, and liquidate assets. They do not need to be a financial expert, but they must be organized, responsible, and practical enough to seek professional guidance when necessary.
Emotional Maturity and Conflict Resolution: Settling an estate after a loved one passes away can bring underlying family tensions to the surface. Your chosen manager should possess the diplomatic skills and emotional maturity required to remain objective, stand firm against unreasonable demands, and manage grieving or difficult family members gracefully.
Availability and Geographic Proximity: Managing real property, settling claims, and overseeing court filings in South Carolina is much harder for someone who lives halfway across the country or has an overly demanding career and family life of their own. Once you have identified the right individuals, communication is vital. This person should be provided with as much information as possible about your wishes, the location of your legal documents, contact details for your professional advisors, and an inventory of your assets so that they can execute your estate plan accurately and smoothly when the time comes.

Not Enlisting The Services Of An Estate Planning Attorney

In an era of instant internet access, it is tempting to view estate planning as a quick do-it-yourself project. Dozens of online websites advertise low-cost wills, powers of attorney, and living trusts that promise to save you time and money. Unfortunately, relying on generic DIY forms is often the biggest and most expensive mistake of all. Estate planning laws are strictly governed at the state level. A generic template downloaded from the internet may not meet the specific execution, witnessing, and notarization formalities required by South Carolina law. A single missing signature, improperly drafted witness clause, or vague sentence can invalidate an entire document, causing your estate to fall under South Carolina’s intestate succession laws—meaning state law, not you, determines who gets your property. Furthermore, DIY templates cannot offer tailored legal counsel:

They Cannot Fix Structural Flaws: Online forms cannot analyze your unique family dynamics, evaluate tax exposures, address complex blended-family considerations, or structure protections for beneficiaries with special needs or debt issues.
They Create False Security: A document may look legally sound to a layperson, but its latent errors usually do not come to light until you pass away or become incapacitated—precisely when it is too late for you to correct them. The legal fees required for your family to fix a broken DIY estate plan in probate court after your death often dwarf the cost of hiring a lawyer to draft it correctly in the first place. As you can see, estate planning isn’t a chore that should be taken lightly or left to generic software. It has powerful, lasting implications for yourself—should you become disabled—as well as your family, your assets, and the charitable causes you care about. The best way to make sure you’ve constructed a legally sound, comprehensive plan for your future is to consult with a qualified estate planning attorney who understands South Carolina law inside and out.

De Bruin Law Firm has been helping South Carolina families secure their future for many years. We take the time to listen to your goals, analyze your assets, and draft a customized estate plan tailored specifically to your family’s needs. Don’t leave your legacy and your family’s financial stability to chance or make these costly mistakes! Contact us for a consultation today to start planning for tomorrow with confidence.

Last Updated: September 2026

Benefits And Pitfalls Of Transferring Property Through Joint Ownership

April 16, 2016/in Estate Planning

Transferring property when its held jointly can come with certain complications. Joint ownership is a term that arises when more than one person owns property. And, ultimately, it can be used as a simple and cost-effective way to transfer property after death. For example, a parent who wants to make sure that an adult child inherits money in a bank account can add the adult child’s name as a joint owner of the account. When the parent passes away, the adult child automatically becomes sole owner of the account and there will be no need to open a probate estate to transfer the money.

Transfer Property

Under South Carolina law, people can also transfer real estate after death by adding someone to the deed as a joint tenant with rights of survivorship. By adding a second person to a deed as a joint tenant with rights of survivorship, the real estate will automatically belong to the surviving owner when the other owner passes away. The surviving owner will only need to file a certified copy of the death certificate with the Register of Deeds for the county where the real estate is located.

When property is jointly owned, there is no need to go through probate to transfer the property. By avoiding probate, the property is transferred quickly and the costs of opening a probate estate are avoided. However, there are potential problems with adding another person’s name to your property.

Potential Problems With Joint Ownership

One potential problem is that the other person actually owns the property also. That ownership gives the second owner certain rights to the property that the initial owner might not want. For example, both owners of a bank account have the right to withdraw money from the account. In the perfect world where everyone can be trusted, that will not be a problem. Unfortunately, there are some people who will freely spend the funds in the bank account even if they were only named on a bank account for estate planning purposes.

There are also potential problems with joint real estate ownership. If you add someone’s name to the deed to your home for estate planning purposes and later decide to sell the home, the other owner will need to sign off on the sale also. A problem will arise if the joint tenant does not want to sell the property.

Can A Last Will And Testament Override Joint Ownership In South Carolina?

When people begin planning their estate, they often assume that writing a last will and testament is the ultimate tool for distributing all of their property. However, estate planning law has specific rules regarding how property is titled. A common question for property owners in South Carolina is whether a will can override the rules of joint ownership.

Understanding Joint Tenancy with Right of Survivorship

To understand how a will interacts with shared property, you must first look at the form of ownership. In South Carolina, property owned by two or more people is frequently held as a joint tenancy with right of survivorship, governed under the principles outlined in [South Carolina Code of Laws Section 27-7-40].

Under this legal arrangement, when one co-owner passes away, their ownership interest automatically transfers to the surviving owner or owners. This happens instantly by operation of law. Because the transfer occurs automatically at the exact moment of death, the deceased person no longer holds an interest in the property to give away.

The Legal Power of a Will

A last will and testament only governs probate assets—meaning property that is owned solely in the deceased person’s name and does not have a designated beneficiary or automatic transfer mechanism attached to it, as structured under [South Carolina Code of Laws Section 62-2-805].

Because property held in joint tenancy with right of survivorship bypasses probate entirely, the instructions written inside a last will and testament generally cannot override it. If a will states that a person’s share of a jointly owned house should go to their children, but the deed is held as joint tenants with right of survivorship with a spouse, the surviving spouse will legally receive the property regardless of what the will says.

Exceptions and Tenancy in Common

There is an important distinction to make regarding different types of shared ownership. In South Carolina, if property is owned as a tenancy in common rather than a joint tenancy, the rules change entirely.

Tenants in common do not have a right of survivorship. When a tenant in common dies, their fractional share of the property does not automatically go to the other owners. Instead, that share becomes part of their probate estate and is distributed according to the instructions in their last will and testament, or by state intestacy laws if there is no will.

Why Careful Estate Planning Matters

Because property deeds and beneficiary designations override wills, it is crucial to ensure that your legal documents match your actual intentions. Many families run into unexpected conflicts because a parent assumed a will could fix an outdated deed.

If you want your jointly owned property to be distributed differently, you must update the property deed itself or work with an attorney to establish an alternative estate planning vehicle, such as a revocable living trust. Simply writing a new clause into your will will not be legally sufficient to change the outcome of a survivorship deed in South Carolina.

Estate Planning Documents

When developing an estate plan, it is important to make sure that all of your estate planning documents are consistent to avoid future problems. Dispute with heirs may arise if your will states that one heir will receive all of your money although a different heir is named as a joint owner of your bank account. It is very important to speak with an estate planning attorney to make sure that you do everything possible to avoid disputes after your death.

Contact An Attorney In Greenville For Help

At the De Bruin Law Firm in Greenville, South Carolina, our estate planning attorneys can help you to determine if adding another person’s name to your property is in your best interest. Our estate planning attorneys can also prepare any necessary deeds or other conveyancing documents. In the event there is a dispute resulting from the ownership or transfer of property, our estate planning attorneys will aggressively represent your interests. Contact the De Bruin Law Firm today to schedule an appointment with one of our estate planning attorneys.

Last updated September 2026

Using A Trust To Control Assets

April 16, 2016/in Estate Planning

A trust is a versatile estate planning document that can be used in many different ways and for many different reasons. One benefit of a trust is that it can provide instructions for how money or assets are to be distributed. There are numerous possibilities for using a trust to control assets. Some examples of how a trust can be used to control money and/or assets are as follows:

Minor or Disabled Individuals:

Care and Support of a Minor or Disabled Individual: Some minors and disabled individuals acquire their own money or property through employment, inheritance, or case settlements. An individual can establish a trust to protect the money or property owned by the minor or disabled person. For example, the trust can state that money in a specific bank account is to be used only for food, clothing, housing or education. Creating a trust can be especially useful to ensure that the parent or guardian for the minor or disabled individual does not spend the money inappropriately.

Property after Death

Post-Death Control of Property: Some people want to make sure that their heirs spend the inherited money wisely. Other people want to maintain a certain amount of control over their money and property after they are gone. For example, a parent can create a trust stating that his or her children will only receive the inherited money if they graduate from college. By setting up a trust, parents can encourage their children to take certain actions even if they are not around to guide them.

Control of Property

Pre-Death Control of Property: Sometimes, it may be desirable to use a trust account as a way of controlling one’s own assets and property during one’s lifetime. For example, a person who wins the lottery might want to limit how much money can be spent per month in order to make sure that the money lasts as long as possible. It is possible to establish a trust restricting access to your own money. This can be a useful estate planning tool for people who are concerned about their inability to control their spending or manage their own money properly.

Types of Trusts Under South Carolina Law

An overview of trust structures under South Carolina law demonstrates the various estate planning tools available to protect assets, manage tax liabilities, and ensure proper wealth distribution across generations.

Living vs. Testamentary Trusts

The timing and mechanism of a trust’s creation define its operational category under the South Carolina Trust Code (S.C. Code Ann. § 62-7-101 et seq.).

Revocable Living Trusts

A revocable living trust is established during the grantor’s (settlor’s) lifetime. The primary advantage of a revocable trust is flexibility: the grantor retains complete control over the trust assets, serves as the initial trustee, and reserves the right to amend, modify, or completely revoke the trust at any point during their lifetime, provided they retain mental capacity.

Probate Avoidance: Assets properly funded into a revocable trust pass directly to named beneficiaries upon the grantor’s death, bypassing the South Carolina probate court process. This preserves privacy and reduces administration time and costs.
Incapacity Management: If the grantor becomes incapacitated, a designated successor trustee steps in to manage the trust property without requiring a court-appointed conservator or guardian.
Tax & Creditor Considerations: Because the grantor maintains full control, assets in a revocable trust are still considered part of the grantor’s gross estate for federal estate tax purposes and remain subject to claims by the grantor’s creditors during their lifetime.

Irrevocable Trusts

Unlike a revocable trust, an irrevocable trust generally cannot be altered, amended, or terminated once executed, except under limited judicial or non-judicial modification procedures permitted under South Carolina law (such as decanting or beneficiary consent under S.C. Code Ann. § 62-7-411).

Asset Protection: By surrendering control and ownership of the assets transferred to the trust, the grantor effectively removes those assets from their personal estate. This shields trust property from future personal creditors and lawsuits.
Tax Minimization: Irrevocable trusts are often used to reduce or eliminate federal estate and gift taxes by removing appreciating assets from the grantor’s taxable estate.
Medicaid Planning: Irrevocable trusts can assist individuals in qualifying for long-term care benefits (such as Medicaid) by moving countable assets out of the individual’s name ahead of the statutory look-back period.

Testamentary Trusts

A testamentary trust does not exist during the grantor’s lifetime. Instead, it is created through the terms of the grantor’s Last Will and Testament and takes effect only upon the grantor’s death.

Probate Requirement: Because the trust is created via a will, the assets funding the trust must first pass through the South Carolina probate court.
Flexibility & Control: Until death, the grantor can freely modify or remove the testamentary trust provision by updating their will. Once the grantor passes away and the court validates the will, the testamentary trust becomes irrevocable.

Specialized Trust Categories Under SC Law

Beyond basic living and testamentary structures, South Carolina recognizes specialized trusts designed to accomplish specific planning goals:

Special Needs Trusts (SNTs)

Special Needs Trusts allow individuals with disabilities to hold funds or receive inheritance without jeopardizing their eligibility for vital government assistance programs, such as Supplemental Security Income (SSI) and Medicaid.

First-Party SNTs: Funded with the beneficiary’s own assets (e.g., a personal injury settlement). Under federal and SC guidelines, these trusts require a payback provision reimbursing the state for Medicaid expenses upon the beneficiary’s death.
Third-Party SNTs: Funded with assets belonging to parents, relatives, or other third parties. These do not require a Medicaid payback provision upon the beneficiary’s death, allowing remaining funds to pass to other family members.

Charitable Trusts

Charitable trusts allow grantors to support tax-exempt organizations while securing income or tax benefits for themselves or their heirs.

Charitable Remainder Trusts (CRTs): Provide income payments to non-charitable beneficiaries for a term of years or lifetime, with the remaining trust principal passing to a designated charity.
Charitable Lead Trusts (CLTs): Pay income to a designated charity first for a specified duration, after which the remaining assets transfer to non-charitable beneficiaries (such as children or grandchildren).

Credit Shelter and Marital Trusts

Often used by married couples with substantial estates, these trusts optimize the federal estate tax marital deduction and applicable exclusion amounts, preserving wealth across generations while ensuring the surviving spouse is cared for.

Tailoring Your Estate Plan

Trust requirements, tax implications, and execution formalities under South Carolina law require careful drafting. Consulting an experienced South Carolina estate planning attorney ensures that your trust is properly executed, funded, and aligned with your long-term wealth preservation and family protection goals.

At the De Bruin Law Firm in Greenville, South Carolina, our estate planning attorneys can analyze your needs and create the right type of trust that accomplishes your goals. Contact the De Bruin Law Firm today to schedule an appointment with one of our estate planning attorneys.

Last Updated: September 2026

Intestate Succession In South Carolina

March 16, 2016/in Estate Planning, South Carolina Beneficiary Rights

There are a lot of misconceptions about what happens if you die without a Will. Many people think the state will take your property. While this can and does happen in rare instances, the state has a system for passing your assets to your next-of-kin. This system is called intestate succession. Every state has different rules regarding managing the estates of those who die without wills. In South Carolina, intestate succession is regulated by Title 62, Article 2 of the South Carolina Probate Code.

South Carolina Beneficiary Rights

In South Carolina, being named a beneficiary in a will or trust, or for a non-probate asset like a life insurance policy or retirement account, grants you certain legal rights. These rights are designed to ensure that the deceased’s assets are managed and distributed according to their wishes and in accordance with state law. Navigating the legal process can be complex, so understanding these fundamental rights is very important for beneficiaries.

Whether you are a beneficiary of a will going through probate or a trust, you have a right to be informed about the existence of the will or trust and your interest in it. For probate estates, the personal representative (executor) appointed by the court is generally required to notify beneficiaries of the probate proceedings. Similarly, for trusts, the trustee has a duty to keep qualified beneficiaries reasonably informed about the trust and its administration, especially once the trust becomes irrevocable (often upon the death of the settlor).

A key right of beneficiaries is the right to receive information about the assets and management of the estate or trust. In the context of probate, beneficiaries typically have the right to receive an inventory of the estate’s assets. For trusts, beneficiaries are entitled to receive relevant information about the trust property and liabilities. This transparency allows beneficiaries to understand the value of the estate or trust and how it is being handled.

Beneficiaries also have a right to an accounting of the estate or trust. This means the personal representative or trustee must provide a detailed record of all income, expenses, and distributions made from the assets. This accounting allows beneficiaries to verify that the assets are being managed prudently and that their interests are being protected. Beneficiaries generally have the right to request this accounting and to object to it if they believe there are discrepancies or mismanagement.

Receiving timely distributions is another significant right. While the timeline for distribution can vary depending on the complexity of the estate or trust and any potential disputes, beneficiaries have the right to expect distributions to be made within a reasonable timeframe after debts, taxes, and administrative expenses have been settled. Unreasonable delays in distribution can be grounds for beneficiaries to take legal action.

In situations where beneficiaries believe the will is invalid due to issues like undue influence, lack of capacity, or improper execution, they may have the right to challenge the will in probate court. This is known as a will contest. Similarly, beneficiaries of a trust may have grounds to challenge the validity of the trust or certain actions of the trustee if they believe there has been wrongdoing or a breach of fiduciary duty.

The personal representative of an estate and the trustee of a trust are fiduciaries, meaning they have a legal duty to act in the best interests of the beneficiaries. This includes managing assets prudently, avoiding conflicts of interest, and carrying out the terms of the will or trust diligently and impartially. Beneficiaries have the right to expect this high standard of conduct and can petition the court to remove a fiduciary who is failing in their duties or engaging in misconduct.

For assets that pass outside of probate through beneficiary designations, such as life insurance policies, retirement accounts, and payable-on-death bank accounts, the designated beneficiaries have a direct right to claim these assets upon the death of the owner. These assets typically transfer relatively quickly and do not go through the potentially lengthy probate process.

South Carolina law provides beneficiaries with fundamental rights to information, accounting, timely distribution, and the assurance that fiduciaries are acting in their best interests. If you are a beneficiary and have concerns about the administration of an estate or trust, or believe your rights are not being upheld, seeking legal advice from an attorney specializing in probate and estate law in South Carolina is highly recommended to understand your specific situation and options.

The Path of Assets: Understanding Intestacy Laws in South Carolina

When a resident of South Carolina dies without a valid will, the distribution of their assets is not left to chance or the discretion of surviving family members. Instead, the state’s intestacy laws, a set of predetermined rules, dictate precisely how the deceased person’s estate will be divided among their surviving relatives. This legal framework provides a clear hierarchy of inheritance, ensuring that assets are passed down in a structured manner. Understanding this hierarchy is crucial for anyone who might be affected by the death of a loved one who did not leave a will.

The primary factor in determining how assets are distributed under South Carolina intestacy laws is the deceased individual’s marital status and whether they had children. The law prioritizes the surviving spouse and direct descendants, with other relatives inheriting only if there is no surviving spouse or children.

Scenario 1: The Deceased is Married with No Children

In the instance where an individual dies intestate in South Carolina and is survived by a spouse but has no children or other lineal descendants, the law is straightforward: the surviving spouse is the sole heir and inherits the entire intestate estate. This includes all probate assets, which are those assets that do not transfer automatically upon death through mechanisms like joint tenancy with right of survivorship or beneficiary designations.

Scenario 2: The Deceased is Married with Children

If the deceased was married and had surviving children (or descendants of deceased children), the estate is divided between the surviving spouse and these lineal descendants. Under South Carolina law, the surviving spouse is entitled to one-half (1/2) of the intestate estate. The remaining half (1/2) is then divided equally among the deceased person’s children. If a child has predeceased the parent but left their own children (the grandchildren of the deceased), that child’s share is distributed among their descendants by representation. This means the grandchildren would collectively inherit the share their parent would have received had they survived.

Scenario 3: The Deceased is Unmarried with Children

When an unmarried individual dies without a will but is survived by children (or their descendants), the entire intestate estate is passed down to these children in equal shares. Similar to the previous scenario, if a child has predeceased the parent, their share will pass to their children by representation.

Scenario 4: The Deceased has No Children but has Surviving Parents or Siblings

If the deceased had no surviving children or their descendants, the line of inheritance moves up to the parental generation. If the deceased was married, the surviving spouse still receives half (1/2) of the estate. The other half (1/2) that would have gone to children is instead divided equally between the deceased’s parents. If only one parent is alive, that parent receives the entire parental share.

If the unmarried deceased had no children but is survived by one or both parents, the entire estate goes to the surviving parent or parents.

If the deceased had no surviving children and their parents are also deceased, the inheritance then passes to the deceased person’s siblings. The estate (or the half not going to the spouse if married) is divided equally among the surviving siblings. If a sibling has predeceased the individual but left children (nieces and nephews of the deceased), those children would inherit their parent’s share by representation.

Scenario 5: The Deceased has No Surviving Children, Parents, or Siblings

In situations where the deceased has no surviving spouse, children, parents, or siblings (or their descendants), the intestacy laws reach further into the family tree. In this case, the assets may be passed to the deceased person’s grandparents. If both paternal and maternal grandparents are alive, the estate is typically divided between the two sides. If only grandparents on one side are alive, they would inherit.

If there are no surviving grandparents, the inheritance extends to the issue of the grandparents, which includes aunts and uncles (the children of the grandparents) and, if they are deceased, their children (the cousins of the deceased). The distribution at this level can become more complex and is also handled by representation.

Should there be no surviving grandparents or their issue, the intestacy laws may then look to great-grandparents and, subsequently, the children of great-grandparents.

The Concept of Escheat

It is rare, but in the unlikely event that a deceased individual dies intestate in South Carolina and has absolutely no surviving relatives, as defined by the state’s intestacy laws up to the specified degrees of kinship, the estate will “escheat” to the state. This means the assets will become the property of the South Carolina government.

Important Considerations

It is vital to remember that South Carolina’s intestacy laws only apply to probate assets. Many assets pass outside of the probate process through beneficiary designations (like life insurance policies, retirement accounts), joint ownership with right of survivorship (like jointly held bank accounts or real estate), or assets held in a trust. These non-probate assets will be distributed according to the terms of their specific agreements or designations, regardless of whether or not the deceased had a will.

Furthermore, South Carolina law includes a 120-hour survivorship rule, meaning that an heir must survive the deceased by at least 120 hours (five days) to inherit under intestacy. This rule prevents assets from passing through multiple estates in quick succession in the event of a tragedy.

While the intestacy laws provide a default plan for asset distribution, they may not align with an individual’s specific wishes. The only way to ensure that your assets are distributed according to your preferences and to potentially avoid the probate process for many assets is to create a valid South Carolina will and utilize other estate planning tools as appropriate. Consulting with an estate planning attorney in South Carolina is highly recommended to ensure your assets are distributed according to your intentions.

Named Beneficiaries

It’s important to keep in mind that any assets with named beneficiaries or co-owners are not subject to intestate succession as they go to the beneficiary or co-owner. Life insurance policies are one example of an asset that typically has a named beneficiary. Frequently real estate is owned jointly with rights of survivorship, meaning if one of the owners dies, the other owners receive their share of the property.

Additionally, heirs must survive the decedent by 120 hours and children of the decedent must be born within 10 months of the decedent’s death and survive for 120 hours. The 120-hour requirement is waived if it means there is no surviving heir. In the rare cases where no surviving heir can be found, the state will receive any assets owned by the deceased, a process known as “escheating”. It is important to realize, however, that the state escheating assets only comes after all attempts at locating and benefiting the aforementioned family members have failed.

Do You Need Estate Planning Advice in South Carolina?

As you can see it is best to avoid allowing your assets to fall into intestate succession. It is important to plan and be prepared. With a will, you will be able to manage your assets after your death to ensure they are distributed the way you want them to be. Please contact our South Carolina legal team at the De Bruin Law Firm today and we will help you draft a will and plan for the future.

Frequently Asked Questions: Intestate Succession in South Carolina

What does dying intestate mean in South Carolina?

Under S.C. Code § 62-2-101, dying intestate means passing away without leaving a valid last will and testament. In South Carolina, when someone dies intestate, their property and assets are distributed according to the state’s default probate laws. These statutory rules dictate exactly who inherits the estate, regardless of any informal verbal promises or unwritten wishes expressed during life.

Who inherits an estate if there is a surviving spouse and children?

Pursuant to S.C. Code § 62-2-102, when a person dies intestate leaving behind both a spouse and descendants, the surviving spouse receives fifty percent of the intestate estate. The remaining fifty percent is divided equally among all surviving children or their lawful descendants. If there are no surviving children or lineal descendants, the spouse inherits one hundred percent.

How are assets distributed if there is no surviving spouse?

Under S.C. Code § 62-2-103, if the deceased leaves no surviving spouse, the intestate estate passes entirely to living children in equal shares. If a child predeceased the decedent leaving children, those grandchildren split that share. If there are no descendants, the estate goes to surviving parents, followed by siblings, nieces, nephews, and other distant blood relatives.

What legal rights do legally adopted children have under South Carolina law?

Under S.C. Code § 62-2-109, legally adopted children hold identical rights to inherit under South Carolina intestate succession laws as biological children. They receive an equal share of their adoptive parents’ intestate estates. However, once a child is legally adopted, they generally forfeit the right to inherit through intestate succession from their biological parents, except under specific statutory exceptions.

Do stepchildren or foster children inherit under South Carolina intestate law?

Under S.C. Code § 62-1-201(3), stepchildren and foster children do not automatically inherit from a decedent under South Carolina’s default intestate succession statutes. Unless they were formally and legally adopted by the deceased during their lifetime, the state does not treat them as legal heirs. To leave assets to stepchildren, an individual must explicitly name them in a valid will.

How does South Carolina treat real estate owned with joint tenancy?

Real estate owned jointly with rights of survivorship bypasses South Carolina intestate succession rules entirely under state property laws. Upon a co-owner’s death, title to the property passes immediately and automatically to the surviving owner or owners by operation of law. Intestate laws only apply to real property held solely in the decedent’s name or as tenants in common.

What happens to bank accounts and retirement plans without a will?

Bank accounts, retirement plans, and life insurance policies featuring valid designated beneficiaries bypass probate and intestate laws under South Carolina banking and contract codes. These assets transfer directly to named beneficiaries upon death. However, if no beneficiary is listed, or if the named beneficiary predeceased the owner, funds fall into the probate estate under S.C. Code § 62-2-101.

Are non-citizens or non-US residents allowed to inherit property in South Carolina?

Yes, under South Carolina probate principles governed by S.C. Code Title 62, non-citizens and non-US residents can legally inherit property through intestate succession. Under state law, an individual’s citizenship status or legal residency does not prevent them from inheriting real estate or personal property. If a non-citizen qualifies as a legal heir, they receive their statutory share like domestic beneficiaries.

How does South Carolina handle half-siblings in intestate distribution?

Under S.C. Code § 62-2-107, South Carolina intestate law treats half-siblings identically to full siblings when distributing an estate. Relatives of the half blood inherit the exact same share they would have received if they were of the whole blood. Should the estate pass to siblings, half-siblings share equally alongside full-blooded siblings without any statutory distinction.

What happens if an heir dies shortly after the decedent?

Under S.C. Code § 62-2-104, an heir must survive the decedent by at least one hundred twenty hours (five full days) to inherit under intestate succession. If an heir dies within this five-day window, they are legally treated as having predeceased the decedent. Consequently, their potential share passes to other eligible living statutory heirs.

Can an intestate heir disclaim or refuse their inherited share?

Yes, an heir has the legal right to disclaim or refuse their share of an intestate estate under S.C. Code § 62-2-801. By executing a formal, written disclaimer, the inheriting individual waives all rights to the property. The estate then distributes as though the disclaiming heir predeceased the decedent, passing assets down to the next eligible statutory heir.

What happens if someone dies intestate with no living relatives?

Under S.C. Code § 62-2-105, if an individual dies intestate in South Carolina leaving no surviving spouse, children, parents, siblings, or other identifiable family members, the estate escheats to the state. Escheatment means net assets legally transfer directly to the South Carolina state government. Complete state escheatment remains relatively rare, as probate courts make extensive efforts to locate relatives.

Last Updated: September 2026

Living Trusts

March 16, 2016/in Estate Planning

An increasingly popular way of handling probate issues is to create a living trust. A living trust in South Carolina helps bypass probate proceedings in court and can also help mitigate tax liability. There are two types of living trusts: revocable and irrevocable. A revocable trust can be changed whenever you wish. The irrevocable trust can be beneficial for tax reasons in some instances where the decedent has a lot of assets, but cannot be changed.

Essentially, a living trust places your property in a trust of which you are the trustee. Because you are the trustee, you can still manage the property as you would as the owner. You can also name an alternative or successor trustee to take over the trust once you are deceased, so after you pass away probate is unnecessary because the successor trustee already owns the property. It is different from a will which names an executor who oversees the distribution of your assets after death.

Cons Of A Living Trust

There are two major downsides to a living trust, which may make it a less desirable option for those with less assets. A living trust is more expensive to create and manage than a will. It is more complex and will require more time and effort to build. In addition, a trust must be funded. That means all assets that you want distributed through the trust you must add to the trust. This often involves significant extra paperwork as you must show you own property as the trustee of your trust rather than just as an individual. Sometimes it can be difficult getting insurance on items in the trust because they are owned by a trust rather than an individual. Trusts are sometimes taxed differently than estates; for example, an individual can use a year other than a calendar year for tax deadlines, while trusts cannot. Conflicts in trust situations can also be more complicated and expensive to handle than similar disputes in an estate. Also, wills are generally automatically amended on divorce while trusts are not.

What Is The Difference Between A Will And A Living Trust In South Carolina?

When planning for the future, protecting your family and assets is a top priority. In South Carolina, two of the most common legal tools used for estate planning are a last will and testament and a living trust. While both documents help you dictate how your property should be distributed after you pass away, they operate in very different ways, particularly regarding court involvement and timing.

Understanding a Last Will and Testament

A last will and testament is a foundational legal document that takes effect only after you die. Through a will, you can name a personal representative to manage your estate, appoint guardians for minor children, and specify who will inherit your belongings, real estate, and financial accounts. In South Carolina, a will must meet specific formal requirements outlined in South Carolina Code Section 62-2-502: it must be in writing, signed by the testator or in the testator’s name by some other individual in the testator’s presence and by the testator’s direction, and signed by at least two competent individuals who witnessed either the signing or the testator’s acknowledgment of the signature or of the will.

The most defining characteristic of a will is that it typically goes through the probate process. Probate is the court-supervised procedure where a South Carolina probate court validates the will, pays off any remaining debts and taxes, and oversees the distribution of assets to beneficiaries. This process can sometimes be public, time-consuming, and subject to statutory fees and legal costs.

Exploring a Living Trust

A living trust—officially known as a revocable living trust—is a legal arrangement created during your lifetime. When you establish a living trust, you transfer ownership of your assets from your individual name into the name of the trust. You typically act as the trustee while you are alive, retaining complete control over your property, and you name a successor trustee to manage the trust assets if you become incapacitated or pass away.

Unlike a will, a living trust goes into effect immediately upon its creation and funding. Because the trust legally owns the assets, your estate can generally bypass the probate process entirely upon your death. This allows your successor trustee to distribute your assets directly and privately to your beneficiaries without waiting for court approval, saving both time and potential administrative expenses.

Key Differences for South Carolina Residents

The primary differences between a will and a living trust in South Carolina boil down to probate, privacy, and cost. A will requires probate, which is a matter of public record and can take several months or even years to resolve. A living trust avoids probate, keeping your family’s financial matters private and allowing for a much faster distribution of assets.

However, a living trust requires more upfront work, such as formally retitling assets (like real estate deeds and bank accounts) into the trust’s name. A will is generally simpler and less expensive to create initially, though it may result in higher probate costs later. Consulting with a qualified South Carolina estate planning attorney can help you determine which option best fits your unique goals and family situation.

Benefits To A Living Trust

On the other side, there are many benefits to setting up a trust as well. The biggest advantage is avoiding lengthy probate proceedings. If you become disabled, a trust is a good way around guardianship as well. Your appointed trustee can immediately take over any duties you assign them. One of the greatest advantages to a trust is protection of privacy. A will can become a matter of public record and you may not want heirs seeing what was left to other heirs. Trusts are also easier to amend than wills. Trusts allow greater control of assets, particularly assets out of state where beneficiaries may be subject to length probate proceedings.

We Can Help You Set Up A Trust

There are some advantages of choosing to manage your assets through a living trust rather than a will. However, a living trust does not eliminate the need for a will as not all assets will be included in the trust. If you would like assistance with setting up a living trust or a drafting a will in South Carolina, contact our legal team at De Bruin Law Firm and we will be happy to help.

Last updated September 2026

Introduction To Estate Planning

March 16, 2016/in Estate Planning

Failing to plan is planning to fail. While death is an unpleasant subject, it is important to have a plan for your assets after you pass away. Many people wonder if they really need a will and what will happen if they die without one. If you die without a will, your estate will be managed through a process called intestate succession. A will allows you to dictate how your assets will be distributed after your death. Other important estate planning documents include:

Living Will

Also known as a medical directive or directive to physicians, this document will let you direct your end-of-life care. With this document you decide what should happen if you suffer from a terminal condition and are expected to die. You may choose to request any available life-sustaining treatment or to discontinue treatment and die as gently as possible. It is important to make treatment decisions consistent with your personal values.

Medical Power Of Attorney

This document allows you to appoint someone to make healthcare decisions for you if you are unable. The person representing you is your “agent” and you would be the “principal.” Your agent must be over 18 and should be someone you know and trust. Your agent has authority to make healthcare decisions for you when your doctor certifies you are no longer capable of making decisions. Your agent has an obligation to follow your instructions and act in accordance with your values.

Financial Power Of Attorney

Also called durable power of attorney, this document allows you to appoint someone to make financial decisions for you if you are unable. Power of attorney can be general or specific. A general power of attorney allows the agent to generally act as the principal. Specific power of attorney confines the agent’s authority to specific subjects (For example “tax matters” or “insurance and annuity transactions”).

HIPAA Release Form

HIPAA is a law which regulates doctor-patient confidentiality. This release form allows you to name individuals who can see your medical information. It is essential for those named in the medical power of attorney to have access to your information.

A Living Trust

A living trust is a document which allows you to transfer your assets into a trust which can be managed outside of probate court. A living trust is a lot like a will, except it bypasses the costs associated with probate by appointing a trustee to manage your assets upon your death.

How An Estate Planning Attorney Can Help

Many people think of estate planning as only being about what happens after the individual is deceased, but, as you can see, many of these documents direct decisions while you are still alive. It is important to appoint someone to manage your assets and make healthcare decisions for you in case you become incapacitated. While many of these documents are straight-forward and easy to understand, it is important to have an attorney ensure all the documents are complete and in compliance with state law. If you would like assistance drafting a will or have any questions about planning for end-of-life, contact our team at the De Bruin Law Firm and we will be happy to help.

Social Media And Estate Planning

March 16, 2016/in Estate Planning

When it comes to preparing for the end of your life, there are many important questions. It is a time to decide who will manage everything you have spent your whole life working for. What will happen with your finances? Who will take care of your children and pets? One thing that often gets overlooked, but has become increasingly important in the digital age, is what will happen to everything on your computer? Blogs, social network accounts, domain names, and other online accounts typically do not pass through traditional probate as they are not “property.” Generally, the website owns the account and it is only yours through license.

Every website handles death differently. Facebook is generally considered the gold standard of social media websites. Facebook allows you to appoint a friend or family member to take control of your account after your death and set your page up as a memorial page. A memorial page can have a “sticky” memorial post, respond to new friend requests, and update profile picture and cover photo. You also have the option of allowing a friend or family member access to a downloadable archive of all photos, posts and profile information you have shared over the years. The memorial page does not appear in advertising and will not trigger a birthday reminder.

Who Owns An Online Social Media Account?

The big question when it comes to inheritance of digital possessions is who was the original owner. With a physical asset like a house or car, it is very clear who the owner is. With digital assets, the line is not so defined. Documents, photos, videos saved to a hard drive belong to the owner of the hard drive, but many social media sites take ownership of content that is uploaded to their servers. It costs them money (albeit a negligible amount) to host the content, and the content is physically located on a server they own. Many major tech companies, notably Apple and Amazon, use a single-user license. This means services can only be used by the purchaser; you cannot pass down your Amazon Prime account to future generations.

Because many websites and digital services do not allow access by a third party, people will often bypass the system by simply logging in with the deceased passwords. While this technically violates the terms and conditions of the service provider’s contract, it is sometimes the only way to access information that would otherwise be lost. Additionally, many websites automatically delete accounts that have not been used in a set period of time, usually 90 days or a year.

Almost all American adults have at least one digital account and many have fifteen or more. That may seem like a high number, but once you add in email accounts, Dropbox accounts, separate accounts for business or spam, etc. it is easy to see how quickly they add up. It is important to make sure your digital assets are handled according to your wishes.

Contact An Estate Planning Attorney

If you have a social media account that you want to make sure is handled properly in the event of your death, contact the estate planning attorneys at De Bruin Law Firm today for a free consultation.

Life Insurance Trust

March 16, 2016/in Estate Planning

A trust is an account for beneficiaries controlled by a trustee. Trusts are popular estate planning tools as they offer many advantages over traditional probate. The regular probate process can take months or even years. A petition must be filed with the court, notice must be given to beneficiaries, inventory must be taken, and debts must paid before property is finally transferred over the beneficiaries of the will. With a trust, all assets are placed in an account which the creator of the trust (the grantor) controls until their death, whereupon control of the trust is relinquished to the trustee. The trustee then has an obligation to use the assets for the benefit of the beneficiaries. There are many types of trusts used for different purposes- to avoid taxes, to hold money until an heir is older, to benefit charities, etc.. Here’s a look at a Life Insurance Trust.

What Is A Life Insurance Trust?

A life insurance trust is set up to be the beneficiary of a life insurance policy. The trust essentially acts as a person purchasing policies on the grantor of the trust. So, when the insured dies, instead of the life insurance money going directly to the beneficiary it goes to the trust. This seems like an indirect, roundabout way of doing things but it offers a major benefit- it can remove the policy from the taxable estate.

There are a few caveats in regard to making sure the policy goes untaxed. First, the trust must be irrevocable. This means it cannot be reversed. Once you have set up a life insurance trust, the policy goes into the trust. Once the policy belongs to the trust it is no longer in your control. For this reason, you cannot name yourself as trustee. Most commonly, a spouse or adult child is listed as trustee, additionally, there are trust companies and banks that are willing to work as trustee for a fee. Either way, the grantor (the person setting up the trust) is not allowed to have any control or perform any “incidents of ownership” over the insurance policy after the trust is established.

However, a life insurance trust grants additional control over how money is distributed. With a typical life insurance policy, the beneficiaries receive a pay-out upon the death of the insured. With a trust, the grantor can set conditions on how the money is distributed. The trust also protects the funds from creditors. Because the trust is not subject to probate, your beneficiaries will have the money available immediately and can use it for your after-death expenses.

The Importance Of Reaching Out To A Trust Attorney

Because a life insurance trust is irrevocable, it’s important to set it up properly the first time. If you believe a life insurance trust is a good way to help manage the proceeds of your life insurance after your death, you will need professional assistance. You and your family may benefit greatly by avoiding the estate taxes associated with a traditional life insurance payout. Contact the attorneys at De Bruin Law Firm for an expert consultation. We have the knowledge and experience you need to set up a trust that will meet your wishes and goals.

Estate Planning: What Does A Lawyer Do?

March 16, 2016/in Estate Planning

Much of the estate planning process is easy enough for a layman to understand. Many people choose to draft their own wills and other estate planning documents. There is an abundance of low-cost options that help people write wills without the supervision of an attorney. Unfortunately, many of these options are inferior to having a professional create your estate plan with you. A poorly written will can have disastrous consequences. A lawyer can make sure your will meets the standards of the probate court and reflects your wishes.

Understanding Your Options

This is not to say you should not educate yourself. The more you learn about estate planning, the more options you will see are available. Also, it will be cheaper and faster to draft estate planning documents if you already have a good idea of what you want and need. However, estate planning can be complicated. A good attorney will understand your options and be able to explain them to you. For a larger or more complex estate, there are trusts that can be difficult to set up but save money in estate taxes. You’ll want an attorney to assure everything is setup correctly.

Knowing State Laws

Laws differ from state to state. Websites often provide forms that do not take into account the nuances of difference of laws between states. State laws are different regarding what needs to be included in a will. Internet forms can be a helpful guide, but they are usually overly general for your needs. If you are not familiar with the estate planning laws of your state, you may miss something that might come back later. An attorney who works in estate planning likely handles hundreds of wills and can quickly identify what clauses and phrases are needed and which are superfluous. An attorney will also have an understanding of the probate laws in your state and you can be confident that the finished product will be the necessary standards.

How Can An Estate Attorney Help With Wills In Greenville, SC?

Planning for the future can feel overwhelming, but drafting a will is one of the most important steps you can take to protect your family. Working with an experienced estate attorney in Greenville, SC ensures your final wishes are clearly documented and legally binding under South Carolina law.

Navigating South Carolina State Laws

Every state has specific legal requirements for creating a valid will. In South Carolina, a will generally needs to be in writing, signed by the testator, and witnessed by at least two competent individuals. An estate attorney understands local statutes and probate court procedures. They ensure your document meets all statutory requirements so that it stands up against potential challenges after you are gone.

Customizing Your Estate Plan

Online legal templates often use a one-size-fits-all approach that may miss important details. Your life, family structure, and financial portfolio are unique. An estate attorney takes the time to understand your specific situation in Greenville, whether you own a small business, have minor children, or possess real estate. They help you tailor your will to address complex assets, name trusted guardians, and establish clear directives for asset distribution.

Avoiding Costly Mistakes

Small errors in drafting or executing a will can lead to severe complications, sometimes rendering the document invalid. If a will is contested or deemed invalid, your estate may pass according to state intestacy laws rather than your actual intentions. An attorney minimizes these risks. They oversee the proper signing ceremony, maintain accurate records, and help you anticipate family dynamics that could spark disputes down the road.

Peace of Mind for the Future

Ultimately, hiring a local professional brings unmatched peace of mind. Knowing that your will is legally sound and specifically designed for South Carolina jurisdiction allows you to rest easy. Your Greenville estate attorney can also advise you on complementary documents, such as powers of attorney and healthcare directives, giving you a comprehensive plan for total security.

Getting A Notary

A will and related documents generally requires notarization. Most attorneys have a notary in their office and will be able to take of that for you right then and there. Otherwise, notaries can be difficult to find. It is unlikely an attorney would be willing to notarize a document they had no part in preparing.

Some common things you may want to ask yourself before attempting your own estate plan:

Do I have minor children that I want to appoint a caretaker for?
Do I want to prevent an ex-spouse or irresponsible child from inheriting my assets?
Do I own a business that I would like to hand down?

These issues frequently bring extra complication. The De Bruin Law Firm can help develop your estate plan. De Bruin has years of experience helping clients plan the distribution of their assets and their end-of-life healthcare. Make sure that the assets you have spent your life working for are distributed according to your wishes. Contact us today.

Last updated September 2026

Myths About Estate Planning in South Carolina

March 16, 2016/in Estate Planning

Estate planning in South Carolina is one of those critical life tasks that almost everyone agrees is important, yet an overwhelming majority of adults—particularly younger individuals—continue to put it off. When asked why, people trot out a familiar rotation of excuses, misconceptions, and outright myths. Whether driven by intimidation, a sense of invincibility, or misunderstandings about how South Carolina law operates, procrastination can have severe consequences for your loved ones.

Most people understand that it is important to have a Will and a plan for end-of-life healthcare. However, many people, especially younger people, have not actually accomplished any estate planning. There are many reasons why people put off estate planning. Here are some of the more common myths about estate planning, the excuses for procrastination, and how to overcome them:

1. I do not have any assets

One of the most persistent beliefs is that estate planning is exclusively for the wealthy—people with sprawling real estate portfolios, high-value investment accounts, or vintage car collections. If you live paycheck to paycheck or feel your net worth is modest, you might assume you have nothing worth protecting.

Having an estate plan can help you avoid a lot of the expenses associated with the probate process. Even if you don’t have much wealth to distribute, a good estate plan will make sure those assets go to your heirs and not the court. Under South Carolina intestacy rules, specifically South Carolina Code of Laws Section 62-2-101, dying without a will means state statutes dictate how even modest bank accounts, personal belongings, and vehicles are distributed. This formulaic approach might leave out a partner, a cherished friend, or a favorite charity. Furthermore, there are many aspects of estate planning that have little to do with distributing your wealth. You may want to have a Directive to Physicians or Health Care Power of Attorney pursuant to South Carolina Code of Laws Sections 62-5-501 through 62-5-511 so others can care for you if you are incapacitated. These healthcare documents are universally important, regardless of your bank balance.

2. I am too young

Youth often feels like an impenetrable armor. When you are in your twenties, thirties, or even forties, death and severe illness feel like distant, abstract concepts reserved for the elderly.

Hopefully, you will live a long healthy life, but unfortunately that is not always how things work out. Accidents, sudden illnesses, and unforeseen medical crises do not check identification or look at birth certificates before striking. It is important to realize that you will pass away eventually and you don’t know when that could be. It is better to be prepared than to be unprepared. Furthermore, if you have young children, establishing guardianship preferences through a Will under South Carolina Code of Laws Section 62-5-201 is one of the most critical responsibilities you have. Without a plan, a South Carolina family court will have to decide who raises your children—a decision that should rightfully belong to you.

3. I’m confused

The legal landscape surrounding estate planning is filled with dense jargon: trusts, guardianships, powers of attorney, probate, elective shares, and living wills. For someone outside the legal field, staring down these terms can induce instant paralysis.

With all the options available, beginning the estate planning process can be intimidating. People worry about making the wrong choice or setting up the wrong kind of vehicle. If you work with an attorney, they will be able to help you understand what you need to know and make the process as simple as possible. You do not need to become a legal scholar; your lawyer’s job is to translate complex South Carolina estate statutes into a clear, custom roadmap that addresses your unique goals.

4. It is expensive

Budgetary concerns frequently stall legal projects. Many assume that hiring an attorney to draft a plan requires thousands of dollars upfront, making it a luxury item they can defer until their finances improve.

Attorneys’ rates vary, and even the same attorney might charge a different fee for similar work. However, having a plan is almost always cheaper than not having one. Probate can be expensive, eating away at an estate through court fees, publication costs, personal representative commissions, and legal fees governed by South Carolina Code of Laws Section 62-3-719. A good lawyer might cost up-front but will save you money in the long run by structuring your assets efficiently, minimizing taxes, and preventing costly family disputes over ambiguous wishes.

5. I do not have enough time

Modern life is a relentless juggling act of career demands, family responsibilities, and social obligations. Finding a free afternoon to sit down and contemplate mortality feels nearly impossible.

While it may take a few unpleasant hours in an attorney’s office to get it done, estate planning ultimately saves time. If you pass away without a will, the probate process for those left behind will be much more complicated and difficult. Families can spend months or even years untangling assets, tracking down distant relatives for court signatures, and managing administrative red tape. Probate often takes months or even years. A little planning now will save a lot of time for your heirs, sparing them administrative burdens during their period of grief.

6. I do not want to think about it

Psychologically speaking, looking mortality in the eye is deeply uncomfortable. It forces us to confront our own fragility, the eventual loss of loved ones, and the division of our life’s accumulation.

This is a tough one. Planning for the end-of-life does involve a lot of difficult and deeply personal decisions. You will have to decide what will happen to everything you have spent your life working for. You will need to choose an executor and appoint someone to have power of attorney. You will need to consider whether you want every effort made to keep you alive or if you would rather pass away than be in a vegetative state. Nobody wants to think about their death, but it is something that is going to happen. Again, it is better to be prepared than unprepared. Facing these realities gives you peace of mind, knowing that you have secured your family’s future.

7. My family will automatically know what to do and will divide everything fairly

A common assumption in close-knit families is that everyone gets along so well that legal paperwork is redundant. Relatives often believe that verbal agreements or implicit understandings will suffice when someone passes away.

In reality, grief changes people, and financial stress can fracture even the closest families. When an unexpected death occurs without clear documentation, emotions run high. Sibling rivalries can resurface over sentimental items, and well-meaning family members may disagree on what you “would have wanted.” South Carolina probate laws under South Carolina Code of Laws Section 62-2-101 et seq. are rigid and do not account for verbal promises or family dynamics. Having a legally binding Will or trust removes the guesswork, eliminates ambiguity, and protects your family from bitter disputes during an already emotional time.

8. A DIY online template is just as good as a lawyer

With countless legal document-generation websites populating the internet, it is tempting to think you can knock out your estate plan in twenty minutes while sitting on your couch in your pajamas for a fraction of the cost.

While online templates can provide generic forms, they rarely account for state-specific nuances, complex family structures, or unique financial situations. South Carolina has specific statutory requirements for witness signatures and execution formalities outlined in South Carolina Code of Laws Section 62-2-502. A minor error in executing a DIY document can render it completely invalid in the eyes of a South Carolina probate court, meaning you effectively died without a will anyway. Furthermore, online forms cannot provide legal advice, strategic counseling, or customized solutions tailored to your life circumstances.

9. Once I make an estate plan, it is set in stone forever

Some people delay estate planning because they feel their life is changing too fast—they might change jobs, buy a house, have another child, or move to a different state. They think, “What is the point of doing it now if everything will change later?”

An estate plan is a living, breathing document. It is not etched in stone the moment you sign it. You have the legal right to amend, update, or completely rewrite your Will, trusts, and powers of attorney whenever major life events occur. Getting married, having children, buying property, or going through a divorce are all triggers to update your documents, but having a baseline plan today protects you right now. You can adapt it as your life evolves.

Estate planning can be complicated. Take the first step towards putting your affairs in order by calling the attorneys at the De Bruin Law Firm. Our attorneys have the knowledge and understanding you need to help make estate planning as painless as possible.