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Estate Planning Attorney Serving North Charleston

Protect Your Loved Ones With Smart Estate Planning

Taking steps to plan for the future is one of the most important things you can do to protect yourself and your family. Whether you need a trust, a will, or guidance on choosing the right estate plan for your situation, we make the process simple and straightforward.
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The Essential Estate Planning Documents

These estate planning tools work together to protect you during your lifetime and ensure a smooth transfer of assets afterward.

Will or Living Trust

Choose the foundation that fits your situation. A will directs asset distribution and names guardians for minor children, but requires probate. A living trust transfers ownership of assets, such as real estate, accounts, and investments, to a trustee during your lifetime, thereby avoiding probate and maintaining private distributions. Most comprehensive plans use both.

Financial Power of Attorney

Authorize someone to handle finances if you're incapacitated. Without this, your family may need court approval to pay bills, access accounts, or manage property on your behalf. This document is effective whether your estate plan centers on a will, a trust, or both.

Healthcare Power of Attorney

Designate who makes medical decisions when you can't. Without it, doctors may be unable to discuss your condition with family, and disputes can arise over treatment. This document ensures that your agent has the necessary legal authority to act immediately.

Living Will (Advanced Directive)

State your preferences for life-sustaining treatment, resuscitation, and end-of-life care. This works with your healthcare power of attorney to guide medical providers and prevent family conflict over difficult decisions.

HIPAA Authorization

Grant specific people access to your medical records. Without this, HIPAA privacy laws can prevent even your spouse or adult children from obtaining information about your condition or communicating with healthcare providers.

Personal Property Memorandum

Distribute sentimental items, such as jewelry, artwork, or family heirlooms, outside of your will or trust. This informal document can be updated at any time without formalities, providing flexibility for personal belongings.

Estate Planning Based on Your Life and Family

Single individual consulting with Estate Planning Lawyer in North Charleston, SC

Singles

You want to decide what happens to your assets instead of letting state laws determine who gets what by default. Estate planning allows you to designate trusted people to manage your finances and healthcare if you can no longer do so. 
Married couple meeting with Estate Planning Lawyer in North Charleston, SC

Married Couples

Estate planning helps protect your spouse, preserves what you’ve built together, and provides clear direction for your children.
Blended family consulting with Estate Planning Lawyer in North Charleston, SC

Blended Families

Clear estate planning prevents conflict between your spouse and children from previous relationships. It ensures everyone you care about is provided for according to your specific intentions, not assumptions or state default rules.
Parents planning estate for minor children with Estate Planning Lawyer in North Charleston, SC

Families with Minor Children

Naming guardians is critical, but equally important is creating trusts that provide a financial structure as your children grow. Estate planning ensures they're cared for by the people you choose, with resources managed responsibly until adulthood.
Family with special needs meeting with Estate Planning Lawyer in North Charleston, SC

Families with Special Needs

Preserve government benefits while providing supplemental financial support through special needs trusts. Proper planning ensures your loved one receives care throughout their lifetime without jeopardizing eligibility for Medicaid or SSI.

Meet Russell DeMott, Estate Planning Attorney Serving North Charleston

With over 30 years of legal experience and a background as a Dorchester County associate probate judge, Russ provides thoughtful guidance on South Carolina estate planning. He combines legal skill with a personal approach, taking the time to explain options clearly and create plans tailored to each family’s needs. Russ is dedicated to helping clients feel confident and secure about the future.
Estate Planning Lawyer Russ DeMott in office serving clients in North Charleston, SC

What Our Clients Say About Us

Directions to Our Estate Planning Law Firm From North Charleston

If you’re traveling from North Charleston, our office at 300 N. Cedar Street, Suite A, is about a 20 minute drive. You’ll find us in the Cedar Square office complex at the corner of N. Cedar and W. 2nd North Street in Summerville. Our office is open Monday through Friday from 9 a.m. to 5 p.m., and we also offer Saturday signing appointments once a month for added convenience.

Do I Need a Will or a Trust?

One of the most common estate planning questions people have is whether they need a will, a trust, or both. The truth is: it depends on your unique circumstances.

Your estate plan should accound for your goals, your family situation, and the complexity of your assets. Take our quick quiz to find out which option is right for you.
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Estate Planning FAQ

Our goal is to help you make informed decisions to protect your wealth and family.

See our Estate Planning FAQs for more common questions and answers, or request a consultation so we can provide you with guidance tailored to your specific situation.

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What is a durable power of attorney?

This document allows you to name an agent to act for you—either effective immediately or when you are incapacitated. The durable power of attorney will list out all the powers the agent is granted, such as the power to do banking, file taxes, institute legal proceedings, deal with brokerage accounts, or to sell or buy property, just to name a few of the powers. The durable power of attorney is called “durable” because it remains effective even if you’re disabled. If the power isn’t granted in the document, the agent will not have it, so we draft a very comprehensive power of attorney at the DeMott Law Firm.

What is a health care power of attorney?

Your health care power of attorney addresses who will act on your behalf if you can’t act for yourself due to some health problem. Spouses typically name each other, then adult children or other relatives. Also, selections are made regarding organ donation and whether you want continued medical intervention if (a) you are expected to die or (b) are in state of permanent unconsciousness.

If I transfer my home into my trust, will this trigger the due-on-sale clause of my mortgage?

No. Federal law prohibits this. The Garn-St. Germain Depository Institutions Act of 1982 provides that if the mortgage borrower remains living in the home and retains beneficial interest, due-on-sale clauses are not operative.

Protect the People & Things You Care About Most

Estate planning doesn’t have to be complicated. At DeMott Law Firm, we provide personalized guidance to help you create a plan that safeguards your family and your assets. Reach out at (843) 695-0830 and take the first step.

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