At DeMott Law Firm, we prepare personalized trusts built around your specific assets and goals. Every plan is designed to give your loved ones clear direction and spare them complications.
South Carolina's Trust Code sets the framework for how trusts are created and managed in this state, but the way your trust functions depends on how it is written.
When properly drafted and funded, a trust can provide clear instructions for when and how assets are distributed, protect children and beneficiaries who need guidance, and preserve wealth for future generations.
We help North Charleston families make thoughtful choices so their estate plan protects the people and things they care about most.
Many North Charleston residents are 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 walks you through the basics so you can see which option may suit your situation.
Russell DeMott works with North Charleston families across a range of planning needs. The right trust depends on your goals, your assets, and how much flexibility you want to retain. Whether you need a revocable trust, an irrevocable trust, or a combination of trusts to achieve your objectives, Russ and the team at DeMott Law Firm are here to assist.
Our office at 300 N. Cedar Street, Suite A, is located in Summerville, about a 20-minute drive from North Charleston.
Office hours are Monday through Friday, 9 a.m. to 5 p.m. Saturday signing appointments are available once a month.
Yes. Assets held in a properly funded trust pass directly to your beneficiaries without going through probate court. The key word is "funded"–you must transfer ownership of your assets into the trust for it to work. Any asset left outside the trust may still require probate, even if your trust document exists.
There are a few things to consider. Transferring your home requires a new deed, which involves recording fees and paperwork. Some lenders require notification, and certain homeowner or title insurance policies may need updates. For most families, these are minor hurdles compared to the benefit of keeping your home out of probate. We handle the deed transfer as part of the trust funding process.
The five-year rule refers to Medicaid's look-back period. If you transfer assets to an irrevocable trust and apply for Medicaid within five years, those transfers may trigger a penalty that delays your eligibility for benefits. Assets in a revocable trust are not protected under this rule because you still control them. If Medicaid planning is a concern, timing matters–we can help you understand how the look-back period applies to your situation.
A well-prepared trust protects what you have built and spares your family from unnecessary legal complications.
If you are ready to work with a North Charleston trust attorney, call (843) 695-0830 to schedule a consultation.
