At DeMott Law Firm, we prepare personalized trusts built around your specific goals, family structure, and assets. Every plan is designed to give your loved ones a clear path forward and spare them from the complications of an unplanned estate.
South Carolina's Trust Code establishes the rules governing how trusts are created and managed, but the way your trust works depends on how it is drafted.
When properly structured and funded, a trust can give clear instructions for when and how assets are distributed, protect beneficiaries who need ongoing support, and allow your estate to bypass probate.
Many Goose Creek clients come to us unsure whether they need a will, a trust, or both. A will is simpler to create but requires probate.
A trust avoids probate, keeps your affairs private, and gives you more control over how and when your beneficiaries receive assets. Our short quiz can help you sort through the basics and see which option fits your situation and family structure.
Russ understands that estate planning isn't really about documents–it's about making sure the people you love are taken care of when you can no longer be there to do it yourself. That's the work he shows up for every day.
He takes the time to understand your family, your goals, and what keeps you up at night before he ever recommends a plan. Whether you're putting a first estate plan in place or restructuring a complex estate, you'll leave every conversation knowing exactly where you stand and what comes next.
Our office is located at 300 N. Cedar Street, Suite A in Summerville–about a 20-minute drive from Goose Creek.
Office hours are Monday through Friday, 9 a.m. to 5 p.m. Saturday signing appointments are available once a month.
In South Carolina, assets that pass outside of probate include property held in a trust, accounts with a named beneficiary such as life insurance policies, IRAs, and 401(k)s, accounts designated as payable-on-death or transfer-on-death, and property held in joint tenancy with right of survivorship. Real estate and other assets titled solely in your name–with no beneficiary designation–will typically go through probate.
South Carolina does not impose a state inheritance or estate tax, so trusts are not subject to state-level estate taxation. For federal purposes, the tax treatment depends on the type of trust. Assets in a revocable trust remain part of your taxable estate and are reported on your personal income tax return during your lifetime. An irrevocable trust is generally treated as a separate tax entity and files its own return, and certain irrevocable trusts can reduce federal estate tax exposure. Because trust taxation depends on structure and individual circumstances, it is worth reviewing your plan with an attorney and a tax advisor.
The best approach depends on your children's ages, needs, and your specific assets. A trust generally offers more control than a will–you can set conditions on when and how assets are distributed, which is especially useful for minor children or if you want to stagger distributions over time. A will can name a guardian for minor children, but assets left directly to a minor will likely require court oversight until adulthood. For blended families or children with special needs, a trust provides additional flexibility and protection.
A wfully-funded trust gives your family a clear path forward and keeps your estate out of probate court.
If you are ready to work with a Goose Creek trust lawyer, call (843) 695-0830 to schedule your consultation.
