SC: Wills and Trusts

Everyone should have a will or trust document that indicates how they would like their property to be distributed upon their death. Dying without a will in South Carolina is referred to as dying “intestate” and all states have specific laws that govern who is entitled to your estate if you don’t leave any directions yourself. The rules for South Carolina are as follows:

• If a husband dies with no will and is survived by a wife and children, the wife gets half and the children get half
• If a married person dies with no will leaving no children, their entire estate passes to their spouse
• If a person dies with no will survived by children and no spouse, the children take in equal shares
• If a single person dies with no children and no will, their estate passes to their parent(s) and if there are no living parents, then to their siblings in equal shares

The better approach to dying intestate is to have either a long form will that directs to whom your assets pass and who is in charge of settling your estate or a pour-over will and a revocable trust agreement in order to attempt to avoid probate. It is important to speak to an experienced attorney who can design a will or trust that considers all of your needs and interests. Our attorneys at Touchstone Family Law will help ensure that you have a properly executed will or trust as part of a comprehensive estate plan that gives you peace of mind.