A will is a legal document that allows you to determine how your assets are distributed at death. If you die without a will, it means you died “intestate,” and your assets will be distributed according to a formula fixed by South Carolina Law.

Currently, under South Carolina law, out-of-state wills are valid provided that the document was properly executed in another state. However, there are several benefits to executing a new will: (1) your out-of-state will was prepared in compliance with the laws of that state, as such, there may be provisions included in your out-of-state will that are invalid under South Carolina law; (2) if you die a resident of South Carolina your Last Will and Testament will be probated in a South Carolina Probate Court, therefore, your estate may incur additional cost of “proving” your out-of-state will; and (3) serving as Personal Representative of an estate can be a very time consuming and complex job, as such, you may wish to replace a nonresident Personal Representative.

Everyone, regardless of the size of their estate, needs a certain amount of estate planning to preserve and maintain their estate.

Trusts can be used to avoid the probate process, manage property, and protect beneficiaries from the misuse of trust property. There are several different types of trusts that can be established. It is important that you discuss your concerns and objectives with the Estate Planning Attorney to determine if a trust is the right choice for you.

A Health Care Power of Attorney will ensure that your end-of-life decisions are honored and remove the burdens of such decisions from your spouse, children, and/or loved ones.

The Durable Power of Attorney document allows you to appoint an agent to handle your affairs during periods of incapacity. Such incapacity can be the result of physical or mental disability due to illness or accident. Under South Carolina law, the named agent may handle things such as: business transactions, hiring and firing of medical personnel, making decisions about hospitals, treatments, etc.