At DeMott Law Firm, we make preparing your will easier by taking the time to understand your situation, answering the questions you didn't know to ask, and putting together a plan that gives you and your family peace of mind.
A last will and testament (commonly referred to as a will) lets you name a guardian to raise your children if something happens to you. It is also how you put someone you trust in charge of settling your estate rather than someone appointed by a court based on state law. It can direct who receives your home, your savings, and your personal belongings. It can give specific instructions for heirlooms, sentimental items, and remove ambiguity that can to family tension and disputes during an already painful time.
Without a will in South Carolina, the probate court steps in and applies the state's intestacy laws–a fixed legal formula that has no way to account for your relationships, your values, or your specific family situation.
Your estate may be divided in ways you never would have chosen. A personal representative selected by the court–not by you–manages and distributes what you spent your life building. If you have minor children, a judge may decide who raises them with no written guidance from you to draw on.
Russ understands that coming in to talk about wills and end-of-life planning is not always easy. Many clients arrive uncertain about where to start and unsure what documents they actually need. He makes it his priority to slow down, answer every question, and help each person leave with a clear understanding of their plan and why it matters.
Clients consistently describe the process as clear, thorough, and stress-free — often noting that Russ took the time to explain every detail and make sure they understood exactly what they were putting in place. That is the level of care and attention he strives to provide every client.
A will may be all you need if your estate is relatively straightforward, you want to formally name guardians for your children, or you are looking for a clear and simple plan.
A trust may be a better fit if you want to avoid probate court, own real estate you want to transfer efficiently, or have specific concerns about how and when your beneficiaries receive what you leave them. It adds complexity upfront but can significantly reduce the burden on your family later.
DeMott Law Firm is located at 300 N. Cedar Street, Suite A, in Summerville, just a short drive from Hanahan.
Office hours are Monday through Friday, 9:00 AM to 5:00 PM. Parking is available on site.
For estate planning matters, we offer Saturday signing appointments once per month.
Review your will after any significant life change. and at minimum every three to five years even if nothing has changed.
Significant changes are changes in your family (a marriage, a divorce, a new child or grandchild, a death among the people you named), changes in your assets (buying property, selling a business, significant shifts in your financial accounts), and changes in the people you designated to key roles such as your personal representative, your guardian, your trustee. If someone you named has moved away, passed away, or is no longer the right choice, your will needs to reflect that.
It is also worth reviewing your will if you move to a new state. South Carolina's execution and witnessing requirements may differ from where you previously lived, and some provisions valid elsewhere may not carry the same effect here.
South Carolina follows the requirements of the Uniform Probate Code, which means a will must meet specific formal requirements to be legally enforceable.
A will is invalid if it was not signed by the testator–the person making the will–or by someone else at the testator's direction and in their presence. It is also invalid if it was not witnessed by at least two people who were both present at the same time and watched the testator sign or acknowledge the signature. Witnesses who are named as beneficiaries create additional complications and may affect the validity of their own gifts.
A will can also be challenged on grounds of lack of testamentary capacity–meaning the person did not understand what they were signing, what they owned, or who their natural heirs were at the time of execution. Undue influence, fraud, or duress are additional grounds for a will contest.
Even a technically valid will can cause problems if it is ambiguous, outdated, or inconsistent with beneficiary designations on financial accounts and life insurance policies. Working with a wills attorney reduces those risks significantly.
A will and a trust are both estate planning tools, but they work differently and accomplish different things.
A will takes effect when you die. It goes through probate (a court-supervised process) and becomes part of the public record. It names your executor, designates guardians for your children, and directs how your property is distributed. It is the foundation of most estate plans.
A trust can take effect immediately upon signing and holds assets outside of your probate estate. Property titled in a trust passes directly to beneficiaries according to the trust's terms, without court involvement. This typically means a faster, more private transfer, and more control over how and when beneficiaries actually receive what you leave them.
The right choice depends on your goals. If avoiding probate, maintaining privacy, and controlling the timing of distributions matter to you, a trust is often worth the additional upfront investment.
If preparing a will has been on your list for a while, there is no better time than now. Russell DeMott and his team make the process clear, straightforward, and stress-free; so you can leave knowing your family has exactly what they need.
Schedule a consultation to create or update your will. Call (843) 695-0830 or request a consultation online. We'll discuss your goals and help you find the right plan before you commit to anything.
