Estate planning attorneys in Lexington & Chapin, SC.

Why a plan matters

If you die without a will in South Carolina, state intestacy law distributes your property by formula — a formula that surprises people. A surviving spouse with children, for example, receives only half the estate; the children take the rest, even if they're minors. No will also means no say in who administers your estate or who is appointed guardian of your children.

A plan does more than direct property. It appoints the people you trust to act when you can't — an agent for your finances, someone to make medical decisions, a guardian for your kids. Those choices matter long before anyone inherits anything.

The good news: for most families, a complete plan is straightforward, affordable, and finished in a couple of meetings.

The core documents

Most South Carolina estate plans are built from four documents:

Last will & testament

Your will directs where your property goes, names a personal representative to carry it out, and — for parents of minor children — nominates a guardian. It's the foundation of every plan.

Durable power of attorney

Appoints an agent to handle your finances — pay bills, manage accounts, sign documents — if you're unable to. Without one, your family may need a court-appointed conservator to do the same things, at far greater cost and delay.

Healthcare power of attorney

Names the person who makes medical decisions for you when you can't speak for yourself, and tells them how you'd want those decisions made.

Living will (declaration of a desire for a natural death)

States your wishes about life-sustaining treatment directly, so your family never has to guess — or argue — about what you would have wanted.

Do you need a trust?

A revocable living trust holds your property during your lifetime and passes it to your beneficiaries without probate. It stays fully in your control — you can amend or revoke it any time — and it shines in particular situations: real estate in more than one state, a desire for privacy, blended families, or beneficiaries who shouldn't inherit everything at once.

But a trust isn't automatic. South Carolina's probate process is often manageable, and a trust adds setup cost and the discipline of retitling assets. We'll tell you honestly whether one earns its keep in your situation — many families are best served by a solid will and good beneficiary designations.

When to update your plan

An estate plan is a snapshot; life keeps moving. Review yours after any of the big four — marriage, divorce, birth, death — and whenever you buy property, start a business, or move to or from South Carolina. Beneficiary designations on retirement accounts and life insurance deserve the same review: they pass outside your will, and an outdated designation overrides everything else.

A ten-year-old plan usually needs a tune-up, not a rewrite. We review existing plans — including ones we didn't draft — and tell you plainly what still works.

What it costs

We quote estate planning as a flat fee — for individuals or for couples planning together — before any work begins. The fee covers the conversation, the drafting, the revisions, and a proper signing ceremony with witnesses and notary. Trust-based plans cost more than will-based plans; either way, you'll know the number up front.

Who you'll work with

James McCutchen leads the firm's estate planning practice. With an LL.M. in Taxation from Georgetown and years before the South Carolina Probate Courts, he plans with the whole picture in view — the documents, the taxes, and the family that has to live with both.