FREQUENTLY ASKED QUESTIONS
Your Estate Planning Questions Answered
We understand that estate planning can raise many questions. Our FAQ section covers common topics such as the differences between wills and trusts, how to choose an executor, and what happens if you die without a plan. Knowledge is power, and we are here to empower you with the information you need to make informed decisions for your family's future.
General Estate Planning
-
An estate plan is a set of legal documents that determine how your assets and affairs will be managed if you become incapacitated or when you pass away. Without a plan, state law will dictate who inherits your property and who makes decisions for you. A thoughtful estate plan ensures your wishes are followed, reduces family conflict, and can minimize taxes and legal expenses.
-
State law (called “intestacy law”) decides who inherits the estate. This usually means assets go to the spouse and children first, then to other relatives if no spouse or children survive.
-
A will does not go into effect until after your death and must go through probate (the court process of settling an estate). A trust, on the other hand, can go into effect during your lifetime and often allows assets to pass to beneficiaries without probate, providing privacy and potentially saving time and money.
-
It depends on your situation. If your goals include avoiding probate, planning for what happens if you become incapacitated, protecting assets for your beneficiaries, or providing ongoing management of assets, then a trust may be the better choice. A will, however, is still the minimum document everyone should have to direct how assets are distributed at death.
-
A general power of attorney lets you appoint someone to make financial or legal decisions on your behalf if you become unable to do so.
-
In South Carolina, a Health Care Power of Attorney (HCPOA) allows you to appoint someone you trust (called your “agent”) to make medical decisions on your behalf if you cannot communicate or make those decisions yourself. Your agent can speak with your doctors and consent to or refuse treatment based on your wishes. A HCPOA generally covers all health care decisions, not just end-of-life care.
A Living Will, on the other hand, is limited to end-of-life situations. In South Carolina it is formally called a Declaration of a Desire for a Natural Death. It states your wishes about life-sustaining treatment (like ventilators or feeding tubes) if you are terminally ill or permanently unconscious. Unlike an HCPOA, it does not name someone to act on your behalf—it is a written statement of your preferences that doctors follow.
Probate
-
Probate is the court-supervised process of validating a will, paying debts and taxes, and distributing assets to heirs. It can be time-consuming and public, which is why many people create trusts to avoid it.
-
In South Carolina, the process typically lasts 9–12 months but may take longer depending on the complexity of the matter.
-
The Personal Representative (PR) is responsible for managing the estate. Duties include filing the will with the probate court, gathering assets, paying debts and taxes, keeping records, filing required reports, and distributing the estate to beneficiaries.
-
Costs vary depending on the size and complexity of the estate. Common expenses include court filing fees, publication fees, attorney fees, and the Personal Representative’s fee. Having a trust-based plan in place can often reduce or avoid these costs.
-
Yes. Proper planning—such as using a revocable living trust, joint ownership, or beneficiary designations—can allow many assets to pass directly to beneficiaries without probate.
Trust Administration
-
Trust administration is the process in which the trustee of a trust manages and distributes trust assets after the creator of the trust has passed away. It involves notifying beneficiaries, collecting and safeguarding trust assets, paying debts and expenses, and ultimately distributing assets according to the terms of the trust.
-
Yes. Assets titled in the name of the trust (“funded”) avoid probate. However, trust administration is still required to ensure debts are settled and assets are properly distributed to beneficiaries.
-
Assets not properly titled in the name of the trust may have to go through probate before they can be transferred into the trust. This is why “funding the trust” during the lifetime of the creator of the trust is very important.
Working with our firm
-
Working with us feels more like sitting down with a trusted guide than going through a cold legal process. We’ll take the time to get to know you, your family, and what matters most to you. You can expect clear, easy-to-follow explanations and a step-by-step process that keeps you comfortable and confident along the way.
Our goal is to make what can sometimes feel overwhelming into something simple and manageable. Most of our clients tell us they leave with a sense of relief and peace of mind—knowing that everything has been taken care of and their loved ones will be protected.
Let’s begin when you’re ready.
Estate planning doesn’t need to feel cold or complicated. It can feel like a gift to your family. We’re here to help you take the first step.
Start with a conversation.