Most people put off making a will not because they don't care, but because they're not sure where to start. We make that first conversation straightforward.
DeMott Law Firm has helped countless Summerville families put clear, legally sound wills in place—so your wishes are documented, your family has direction, and nothing is left to chance.
A will is a direct statement of your intentions. Without one, those intentions go unheard, and South Carolina's probate court fills the silence with its own default rules.
With a will in place, you decide who inherits your home, your savings, and your personal belongings. You name the person you trust to manage your estate as personal representative. You appoint a guardian for your minor children rather than leaving that decision to a judge you have never met. Meaningful items (family heirlooms, jewelry, things with sentimental value that a formula would never account for) get specific direction too. And your family gets a clear roadmap instead of a set of unanswered questions.
That clarity is worth more than most people realize until they have seen an estate handled without it.
When someone dies without a will in South Carolina, the estate goes through probate court under the state's intestacy laws. A legal formula — not your relationships, not your values, not what you would have wanted — determines who gets what.
For Summerville families, that can mean a personal representative appointed by the court rather than someone you trust, assets split in ways you never intended, and a judge deciding who raises your children without any written direction from you. Probate takes time. It costs money. And it plays out in public record during a period when your family needs privacy most.
None of it is inevitable. A valid, well-drafted will changes every one of those outcomes.
Estate planning conversations aren't always easy to start. Russ gets that. He built his practice around making them easier by listening carefully, asking the right questions, and helping families work through decisions that actually matter without making the process feel more complicated than it needs to be.
His clients span every life stage: young parents naming guardians for the first time, people planning for a smooth retirement, and those updating a plan they put in place years ago. What they share is that they left with a clear plan and the confidence of trusting their estate planning to a professional.
A will-based estate plan can be a good starting point if cost is the primary consideration. It names your executor, designates guardians for your children, and directs how your property is distributed.
A trust-based estate plan lets your estate transfer without going through probate, gives you more control over when and how beneficiaries receive what you leave them, and keeps the details of your estate private unless the trust is contested.
Not sure where you fall? Our short quiz can help point you in the right direction.
DeMott Law Firm is located at 300 N. Cedar Street, Suite A, in downtown Summerville.
Office hours are Monday through Friday, 9:00 AM to 5:00 PM, and we offer Saturday signing appointments.
Preparing a will after a major life event and never looking at it again.
This is far more common than most people expect. A will drafted when your children were young may still name a guardian who has since moved out of state. A personal representative you trusted may have passed away. An ex-spouse may still be listed as a beneficiary. The document is technically valid, it just no longer does what you want it to.
An outdated will can cause exactly the kind of family conflict and court delays it was supposed to prevent. The standard recommendation is to review your will any time something significant changes — a marriage, a divorce, a birth, a death in the family, or a meaningful shift in your assets. If nothing has changed, a review every three to five years is still a good habit.
For most Summerville families, the answer comes down to whether you want the transfer to go through probate or around it.
Transferring through a will is the simplest approach. The home passes to your children after probate, which takes time and becomes part of the public record. It works, but it is not fast or private.
Transferring through a trust lets the home pass directly to your children without probate, which is typically much faster, more private, and less disruptive for your family during an already difficult time. This is usually the better option if you own real estate, have multiple beneficiaries, or want to avoid the probate process altogether.
One approach to avoid: adding your children to the deed while you are alive. It can trigger gift tax consequences and expose your home to your children's creditors. The right answer depends on your estate, your family, and your goals — and it is worth discussing before you decide.
A trust is often the right move for South Carolina homeowners, but it is not without trade-offs.
It creates extra steps when you sell or refinance. Some lenders will ask you to transfer the property out of the trust before closing on a new loan, which adds time and paperwork. It is manageable, but it is worth knowing about upfront.
A trust also costs more to set up than a will. For those with no desire to avoid probate, that additional cost may not be justified. Whether a trust makes sense depends on the value of your home, the size of your estate, your family situation, and your long-term goals.
Whether you need a simple will or a full trust-based estate plan, the most important step is the same — sitting down with someone who can help you think it through.
Schedule a consultation with DeMott Law Firm, P.A. to go over your goals, your family situation, and which approach makes sense for you. Call (843) 695-0830 or request a consultation online.
