Do I Need a Will in South Carolina?

Posted by the Charleston, SC Will and Estate Planning Attorneys at Anderson & Schuster, Attorneys at Law, LLC. Our Will and Estate Planning Lawyers help those in need of estate planning documents such as a Will, Healthcare Power of Attorney, Financial Power of Attorney, Trust, or other estate planning tools. Don't know what types of estate planning documents you need? That's okay. Our estate attorneys create estate plans that fit each client's specific needs.

Why Do I Need a Will in South Carolina?

A Will is an estate planning tool that allows you to direct who gets your assets. If you pass away without a Will, then your estate assets are distributed according to South Carolina estate and probate law (intestacy laws), without regard to your wishes or your heirs' needs.

In general, if you die and leave a spouse and children, half your estate assets will go to your surviving spouse and half to your children. If you are single with no children and die without a Will, then the South Carolina Probate Court, using SC law, decides who among your blood relatives will inherit your estate.

If you have minor children, a Will is especially important because the Will expresses who you want to be the guardian of your children.

Many people have more than one Will in a lifetime. It's a good idea to review your Will periodically and make changes as your life changes. For example, a Will should be amended if your marital status changes, you have your first child or another child, or a beneficiary named in your Will passes away. 

A Will is also important even if you have a Trust. Most trusts deal only with specific assets such as life insurance or a piece of property, but not all of your assets. A Will is necessary to properly distribute the remaining estate assets. This may take the form of a pour-over Will, which ensures that all the estate assets you intended to put into the Trust are put there even if you fail to retitle some of them before your death.

Charleston, SC Will and Estate Lawyers

Our Charleston Will and Estate Planning Attorneys help those in need of estate planning services, including a Will, Trust or Power of Attorney. Our Estate Planning Law Firm can help clients in Charleston, North Charleston, Mount Pleasant, Summerville, Goose Creek, Moncks Corner and the surrounding areas.