- 23 + Years Experience
- 10,000 + Clients
Millions of Americans don’t have an estate plan for themselves.
Who will take care of you when you can no longer make decisions for yourself?
Who will navigate the Probate Courts of South Carolina when you pass away?
Or pay bills on your behalf?
If you do not have documents like a durable power of attorney or last will and testament, you potentially leave open the door for unnecessary court intervention and fighting amongst relatives.
Without a proper estate plan, it can lead to a significant loss of your hard earned wealth, especially due to probate proceedings and estate taxes.
With a proper plan in place, you and your loved ones increase the chances of avoiding probate litigation, guardianship actions, and conservatorship actions in South Carolina.
If you live in the Myrtle Beach or Charleston areas of South Carolina, let the lawyers at Coastal Law, LLC help advise you of the documents you might need for your estate plan.
We Offer a Full Range of Probate & Estate Planning
- Living Wills
- Simple Wills
- Probate Administration
- Trusts
- Healthcare Powers of Attorney
- Limited Powers of Attorney
- Durable Powers of Attorney
Even if you have some or all of these estate planning documents which were either drafted a long time ago or in another state, call the attorneys at Coastal Law, LLC in Myrtle Beach or Charleston to review your current estate plan and make sure you are protected.
Different states have different requirements for these documents or the law in South Carolina may have changed.
Some may ask: “Is a Will really necessary?”
Without a will, the likelihood of conflicts and after-death disputes between your children and other family members will increase significantly.
The court also directs how to distribute your assets in accordance with South Carolina law.
Dying without a Will is called “dying intestate.” Because you may have no Will, you lose the ability to direct the distribution of your estate.
The state of South Carolina steps in at your death and makes the decisions for you, according to the distribution schedule set forth in its probate laws.
The state’s decisions are designed to pass property to those they think would most benefit.
The state’s decisions would not necessarily conform to your plan or to what is best for your family and loved ones.
This can cause a multitude of problems and misunderstandings, not to mention tying up your assets in the probate process for a long time.
DID YOU KNOW…?
Something many people don’t know about probate and estate law in South Carolina: probate isn’t always mandatory. There are ways to avoid the often lengthy and public probate process.
Common types of probate & estate litigation
Will Contests: This occurs when the validity of a will is challenged. Someone might argue the will was forged, the deceased lacked mental capacity when signing it, or undue influence was exerted by a beneficiary.
Breach of Fiduciary Duty: The executor or personal representative of the estate has a legal obligation to act in the best interests of the beneficiaries. If they misuse assets, fail to properly account for them, or make decisions that benefit themselves over the beneficiaries, they could be sued for breach of fiduciary duty [2].
Disputes Over Asset Distribution: Beneficiaries may disagree about the interpretation of the will, the valuation of assets, or who is entitled to what. This can lead to litigation to determine the rightful distribution of the estate.
Missing or Lost Wills: If a valid will cannot be located, the estate will be handled according to South Carolina’s intestacy laws, which dictate how assets are distributed without a will. This may not reflect the deceased’s wishes, and beneficiaries who would have received something under the will may contest the intestate distribution.
Spousal Elective Share: In South Carolina, a surviving spouse has the right to claim an elective share of the deceased spouse’s estate, even if the will leaves them nothing. This can lead to litigation if there’s disagreement about the value of the estate or the spouse’s entitlement.
