Without a will, South Carolina law dictates who inherits your property, who manages your estate, and (if you have children under the age of 18) who raises your children. These decision belong to you.
DeMott Law Firm is here to help you prepare a clear, legally valid will designed specifically to achieve your goals.
A will is how you stay in control of decisions that would otherwise be made by a court.
For example, a will lets you choose a personal representative you trust to handle your estate, specify who receives your home, your savings, and your personal belongings, and give clear instructions for things with sentimental value that no legal formula could account for.
If you have minor children, a will lets you designate a guardian to care for them in the event of your death or incapacity.
When someone dies without a will in South Carolina, the probate court steps in and distributes the estate according to the state's intestacy laws. That process follows a fixed formula and does not consider your relationships or your intentions.
Russell DeMott has practiced law for over 30 years. He understands that for many Goose Creek families, getting a will done has been on the to-do list for years, and that what often stops people is not knowing where to begin or worrying that the process will be overwhelming.
Russ meets every client exactly where they are. He explains everything in plain English, answers every question without making you feel rushed, and builds a plan that fits your family.
A will names your executor, designates guardians for your children, and directs how your property is distributed. For families who want the bare minimum in place at the lowest cost, a will is often the right place to start.
A trust becomes worth considering when you want to keep your estate out of probate court, when you own real estate and want a smoother transfer to your heirs, or when you want more control over how and when your beneficiaries receive what you leave them. It adds cost and complexity upfront but can save your family significant time and expense later.
If you are not sure which applies to your situation, our short quiz is a good starting point.
DeMott Law Firm is located at 300 N. Cedar Street, Suite A, in Summerville, South Carolina, just a short drive from Goose Creek and convenient to the surrounding communities.
Office hours are Monday through Friday, 9:00 AM to 5:00 PM. Parking is available on site.
We offer Saturday signing appointments once per month.
No–South Carolina law does not require an attorney. You can write a will yourself or use an online service, and the document can be legally valid. That said, the technical requirements are stricter than most people realize. A will must be in writing, signed by you, and witnessed by at least two people who are both present at the same time and watch you sign.
Those witnesses cannot be beneficiaries named in the will. If any of those requirements are missed, the will can be thrown out in its entirety, leaving your estate to be distributed under state intestacy law instead of your own wishes. For a simple estate with no complicating factors, a do-it-yourself approach may work, but the risk of a drafting error can far outweigh the cost of working with an experienced estate planning attorney.
There is no threshold. A will is not about how much you have, it is about who makes decisions when you cannot. The most important reason people need a will has nothing to do with asset value: it is the ability to name a guardian for your minor children.
In South Carolina, a will is the primary legal mechanism for formally nominating the person you want to raise your children. Without one, a judge may make this decision with no direction from you at all. Beyond guardianship, if you own anything–a car, a bank account, a home, personal property–a will ensures those assets go to the people you choose. Without one, South Carolina's intestacy formula determines who inherits, and that formula often produces results that do not match what you actually wanted.
The probate court takes over and distributes your estate according to South Carolina's intestacy statutes–a fixed legal formula that applies the same way to every estate regardless of your circumstances or intentions.
Under that formula, if you have both a spouse and children, your spouse inherits half of your estate and your children divide the other half equally. If you have no spouse or children, your assets pass first to your parents, then to your siblings, then to more distant relatives. If no qualifying relatives can be found, everything goes to the state. You also lose control over who manages your estate. The court appoints a personal representative — someone you may never have chosen for that role. If you have minor children, a judge decides who raises them without any written guidance from you.
A will does not have to be long or complicated. But without one, every important decision gets made by a formula or a courthouse.
Your children, your home, and the people who depend on you deserve a plan that reflects your intentions–not a default formula.
Schedule a consultation with DeMott Law Firm, P.A. to create or update your will and make sure your estate plan is South Carolina-ready. Call (843) 695-0830 or request a consultation online.
Not sure whether a will is all you need or whether a trust makes sense for your situation? Talk with our team–we will help you find the right approach before you commit to anything.
