Frequently Asked Questions (FAQ)

A will is a legal document that outlines how you want your assets distributed after your death. In South Carolina, having a will ensures your property is transferred according to your wishes and can avoid intestacy laws, where the state law sets forth priority for inheritance. You can also choose who you want to administer the estate.

To be valid in South Carolina, a will must:

• Be in writing (typed or handwritten).
• Signed by the testator (person making the will) or by someone else at the testator’s direction.
• Witnessed by at least two credible witnesses who sign in the testator’s presence and notarized.

A power of attorney is a legal document that allows you (the principal) to appoint someone else (the agent) to make financial, physical, and/or legal decisions on your behalf.

South Carolina recognizes several types, including:

• Durable Power of Attorney remains regardless of incapacitated.
• Limited or Special Power of Attorney: grants specific authority for limited actions.

The POA must be in writing, signed by the principal or by someone at the principal’s direction in their presence, witnessed and notarized.

Estate planning involves making arrangements during your lifetime to manage and distribute your assets efficiently after death, minimize taxes, and provide for incapacitation.

• Will
• General Durable Power of Attorney
• Health Care Power of Attorney
• Living Will

Yes, through tools like joint ownership, payable-on-death accounts, and trusts, you can reduce or avoid probate in certain circumstances.

An HCPOA is a legal document allowing you to appoint a person to receive and make medical decisions on your behalf if you become unable to communicate your wishes.

Yes. South Carolina has a statutory form.

You must complete a written form, sign it, and have it witnessed by two adults who are not the appointed agent or related beneficiaries and notarized.

A Living Will is a written statement expressing your wishes concerning nutrition and hydration if you become terminally ill, permanently unconscious, or death could result in a reasonably short period of time.

Yes, South Carolina recognizes Living Wills under the South Carolina Natural Death Act, which guides life-sustaining treatment decisions.

You must declare your wishes in writing, sign the document, and have it witnessed by two qualified adults (not your appointed health care agent or beneficiaries) and notarized.

Yes, you can amend or revoke your will or POA at any time while you are competent by following legal requirements.

If you die intestate (without a will), South Carolina’s intestate succession laws dictate how your assets are distributed to which heirs, which may not align with your wishes.

While you can create some documents on your own, consulting with an experienced South Carolina estate planning attorney is recommended to ensure your documents comply with state law and properly reflect your wishes.