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Estate Planning for Unmarried Couples in Charleston, SC

Protect Your Partner and Secure Your Future

South Carolina law treats domestic partners the same as strangers for succession and healthcare purposes. Without intentional planning, your partner may lack the authority to make medical decisions or inherit your assets.

At DeMott Law Firm, P.A., we help unmarried couples in the Charleston area establish clear legal authority over healthcare decisions, property ownership, and asset distribution. We'll structure your estate plan so that you and your partner receive the same protections as married couples.

Unmarried couple filling out estate planning documents

What Happens When the Law Doesn't Recognize Your Relationship?

Who makes medical decisions if your partner becomes incapacitated?

Who inherits your home if only your name is on the deed?

What happens to shared bank accounts, retirement funds, or the business you built together if one of you passes away?

Without a plan in place, South Carolina's intestacy laws direct assets to blood relatives, not life partners. Medical professionals default to next of kin for healthcare decisions. Without proper documentation, your partner could be left without authority, assets, or legal standing when they need it most.

Joint Property Planning and Beneficiary Designations for Domestic Partners

Joint property planning allows unmarried partners to structure ownership that reflects their intentions. Options include joint tenancy with right of survivorship, tenancy in common, or trust-based ownership. Each has different implications for taxes, probate, and what happens if the relationship ends.

Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts are crucial. Without proper designations, assets pass under default rules, often to parents or siblings rather than your partner.

We help couples align their property titles, account registrations, and beneficiary forms so every asset flows to the right person. Proper coordination prevents conflicts and ensures your partner's financial protection.

Domestic partners discussing joint property plan with a lawyer

Meet Russell A. DeMott

With over 30 years of legal experience, Russ has helped countless unmarried couples establish healthcare decision authority, protect jointly owned property, and ensure smooth asset transfer. As a former Associate Probate Judge for Dorchester County, he brings unique insight into how South Carolina courts handle estate disputes.

Russ takes the time to understand your relationship, your assets, and your family circumstances. He explains complex legal concepts in everyday language and builds estate plans that fit each client’s goals and objectives. Whether you need powers of attorney, beneficiary updates, or a trust-based plan, Russ creates solutions tailored to your situation.

Our 3-Step Estate Planning Process

Strategy session with estate planning lawyer for unmarried couples

Step 1: Define Your "Roster of Players" and Clarify Decision-Making Authority

We start by identifying who should handle healthcare, finances, and property decisions if one of you becomes incapacitated or passes away. We draft durable powers of attorney, healthcare powers of attorney, and advance directives that give your partner clear legal authority to act on your behalf.
Defining asset structure and beneficiary designations in your estate plan

Step 2: Structure Your Assets and Update Beneficiary Designations

Then we take a hard look at how your property is titled and who’s listed on your accounts. We recommend specific ownership structures, beneficiary updates, and trust solutions that help you avoid probate and ensure your assets pass to your partner efficiently.
Happy unmarried couple signing their estate plan documents

Step 3: Document, Sign, and Make Your Plan "South Carolina Ready"

Finally, we prepare all legal documents, explain every provision, and coordinate signing with proper witnesses and notarization. You'll leave with a complete, legally enforceable estate plan, plus guidance on how to store, update, and communicate your plan to the people who need to know.

What Our Clients Say

Take the First Step Today

You spent years building a life together. Now make sure it's legally protected. Schedule a consultation with DeMott Law Firm, P.A., and get clarity on the best way to protect you and your partner.

Estate planning consultation for unmarried couples in South Carolina

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