Wills Attorney in Charleston, South Carolina

A will is an essential document that outlines how your assets will be distributed when you pass away. Whether you are young or old, married or single, wealthy or not, it’s never too early or too late to start thinking about writing a last will and testament.

If you are considering creating a will, contact Mangus Law Firm. As a wills attorney in Charleston, South Carolina, I can provide you with peace of mind knowing your estate plan is set up to your preference. With an office in the city of Charleston, I also serve clients throughout Charleston, Dorchester, and Berkley Counties.

What Makes a Will Enforceable in South Carolina?

A will must meet certain legal criteria to be considered valid and enforceable in South Carolina:

You must be at least 18 years of age (the age of majority in South Carolina);

You must be of sound mind;

You must sign the document (or have someone else sign the document for you in your presence and by your direction);

Signing the document must be witnessed by at least two individuals (they must also sign the document); and

The document must be in writing.

Like many other states in our country, South Carolina does not recognize oral and other non-written wills.

Things You Can Accomplish With a Will

Below is a list of things you can accomplish with a will:

1. Decide How your Property Will Be Distributed

One of the most important things you can accomplish with a will is to decide how your property will be distributed after your death. With a will, you can make the necessary provisions to ensure that your assets are distributed in any manner you want and minimize taxes and other expenses that may arise during the distribution process.

2. Appoint the Executor

You can also appoint an executor in your will. The executor is responsible for carrying out your wishes as outlined in your will. They will be responsible for managing your estate, paying your debts, and distributing your possessions to your heirs.

3. Decide Who Should Look After Your Minor Children

If you have minor children, one of the most important things you can accomplish with a will is to name a guardian for them. In the event of your death, the guardian will assume responsibility for your children’s care, upbringing, and financial needs.

4. Prevent Family Feuds Over the Inheritance

Inheritance disputes can be incredibly divisive and can tear families apart. By creating a will, you can prevent family feuds over your inheritance. Your will outlines your wishes for your estate, which can help prevent disagreements and provide clarity for your loved ones.

5. Save Time, Money, and Stress for Your Loved Ones

Finally, creating a will can save time, money, and stress for your loved ones after your death. By creating a will, you can simplify the distribution process, reduce costs, and minimize the stress and anxiety your loved ones may experience during this challenging time.

What Happens if You Die Without a Will?

If you pass away without a will, it means you die “intestate.” When individuals die intestate, their death invokes the laws of intestacy that govern what happens to their assets and property.

Under South Carolina’s laws of intestate succession, the decedent’s surviving spouse inherits the entire estate unless they shared descendants. If the decedent leaves behind a spouse and descendants, each inherits half of the estate. The decedent’s parents and other relatives may also be entitled to a portion of the estate when there is no surviving spouse and children.

Revoking & Changing Your Will in South Carolina

When you create your will, you can revoke or change it at any time and for any reason or no reason at all. Under South Carolina law, a will is considered revoked if you tear, burn, obliterate, cancel, or otherwise destroy the document with the intent to revoke it. If you ever need to update your will, you can make changes to it by codicil or amendment.

Can Your Family Members Challenge Your Will?

Yes, your family members may be able to challenge your will if they have grounds to do so. Some recognized grounds to challenge a will include:

Lack of capacity (you were not of sound mind at the time of creating and signing the document);

Lack of formalities (the will was not created or signed in accordance with South Carolina’s laws);

Undue influence (someone else exerted influence over the document by forcing or coercing you to include specific provisions in your will); and

Fraud or forgery (someone faked your signature or made unauthorized changes to the document).

Working with a skilled attorney when creating a will is important to avoid any mistakes that would give your family members or other interested parties grounds to challenge the document after your death.

Wills Attorney Serving Charleston, South Carolina

Creating a will is a responsible and necessary step for everyone, regardless of age or wealth. As a wills attorney in Charleston, South Carolina, I can help you consider all the available options and create a customized document tailored to meet your unique needs. Feel free to contact Mangus Law Firm today and book an appointment to get started.