Estate Planning
Importance of Estate Planning
I hope that you will take this opportunity to review your estate planning documents. You will need an attorney to complete your estate planning. To choose a lawyer, you should consult your family and friends. Martindale-Hubbell (www.Martindale.com | Find Attorneys) is another way to select a lawyer. Martindale-Hubbell identifies attorneys by practice area and location and has a peer rating for each attorney.
If you cannot afford an attorney, please call South Carolina Bar Pro Bono legal service at 1-800-868-2284 or visit our Resources page for list of other contacts.
As a public service, we provide samples to get you started on your estate planning. We hope that you will also encourage other family members to complete their estate plan. You should work with an attorney and your other professional advisors, and consider the estate planning documents that we have provided.
As your Probate Judge, I am here to serve you. If you should have questions, comments, or suggestions, please let me know. I thank you for electing me as your Probate Judge and hope that we help make probate a pleasant experience considering the circumstances.
Sincerely,
Irvin G. Condon
Estate Planning Documents & Samples
Documents
A document in which an individual provides instructions in the event of incapacitation or incapability to make medical decisions-primarily for end-of-life decisions.
- S.C. Code Ann. § 44-77-10
A legal order to withhold cardiopulmonary resuscitation (CPR) or advanced cardiac life support (ACLS), in respect of the wishes of the patient, in the event that the patient's heart stops beating or the patient stops breathing.
- S.C. Code Ann. § 44-78-10
A document that legally assigns authority to an agent to act on a person's behalf, with the agent's authority automatically continuing if the person becomes incapacitated. Must be recorded to be effective. Avoids the need for a court appointed conservator.
- S.C. Code Ann. § 62-8-101
A short checklist prepared by the American Bar Association to assist in estate planning.
Information that an attorney will need in order to adequately prepare your estate planning documents.
An advance directive, written in everyday language, which helps people to express their wishes for medical treatment and end of life situations.
A document in which a person directs his/her health-related decisions to an agent in the event that the person becomes mentally or physically incapacitated. Does not have to be recorded. Avoids the need for a court appointed guardian.
- S.C. Code Ann. § 62-5-504
A document allowing a person, prior to death, to direct and prepare the future administration of his/her estate, name a Personal Representative for the estate, include a testamentary trust, propose a guardian for your minor children, etc. If you do not have a Will, then the intestacy statute will control your estate property.
- Last Will and Testament - S.C. Code Ann. § 62-3-101
- Intestacy - S.C. Code Ann. § 62-2-101
A document that combines a patient's wishes, in the event of a medical emergency, with a physician's order.
An estate planning tool used to manage assets during a person's life and/or at death, as well as the distribution of a Decedent's property to individuals named in the document.
- S.C. Code Ann. § 62-7-101
A law that provides the terminology and proper procedure for cremation.
- S.C. Code Ann. § 32-8-300
A law which defines the procedure for anatomical donations after death.
- S.C. Code Ann. § 44-43-10
A local organization that manages charitable giving directed by the donor.
A legal arrangement to provide care for a pet after its owner dies.
- Last Will and Testament - S.C. Code Ann. § 62-3-101
- S.C. Code Ann. § 62-7-408
Sample Documents
Estate Planning Terminology
- Intestate
- A person who dies without a Will.
- Testate
- A person who dies with a Will.
- Personal Representative/Executor
- The personal representative of an Estate is the individual appointed, either by formal or informal appointment, who is responsible for overseeing the probate of an Estate following the Decedent's death. An executor/executrix is the name used previously for Personal Representative.
- Probate Assets
- Property owned by the Decedent, which was owned solely in his/her name (i.e. real estate, car title) or as "tenants in common" share in property, such as when the Decedent shares an interest in an investment with another individual. Probate assets are controlled by the Will, or the intestacy statute if there is no Will.
- Non-Probate Assets
- Property jointly owned by the Decedent and his/her spouse (i.e. life insurance proceeds). Non-probate assets go directly to the beneficiaries without court proceedings.
- Trust
- An estate-planning tool used to manage a person's assets during their life and/or the distribution of a Decedent's property to individuals named in the document.
- Revocable Living Trusts
- A type of trust where provisions can be altered or canceled dependent on the grantor. Income is earned and distributed to the grantor during the life of the trust and is transferred to the beneficiaries after the grantor's death.
- Irrevocable Trusts
- A type of trust that cannot be amended, modified, changed, or revoked without the permission of the beneficiary.
- Testamentary Trusts
- A trust which arises upon the death of the testator, and which is specified in his/her will.
- Special Needs Trusts
- A trust made specifically for the benefit of mentally ill or disabled.
Other Estate Planning Tools
- Long Term Care Insurance
- Coverage that provides for various types of long-term care, such as nursing-home care, home-health care, or adult day care, for persons over 65 or for persons with a disability needing constant supervision.
- Life Insurance
- Insurance coverage which pays a sum of money to a beneficiary upon the death of the insured person or after a set period of time.
- Joint Accounts
- A bank account held by two or more individuals, with each person having the right to deposit or withdraw funds.
- Retirement Accounts
- An investing tool used by individuals to earmark funds for retirement savings.
Virtual Estate Workshop Podcasts
Judge Irv Condon can be heard on our Charleston County Connects Podcast – Episode Three (3): "Estate Planning and All Things Probate Court with Irv Condon"
It can be found on Apple, Amazon Music, Spotify, or wherever you listen to podcasts.
Virtual Estate Workshop Videos
Virtual Estate Workshop Audio
Upcoming FREE Estate Workshops
Virtual
Estate Planning
August 4 @ 10AM
Estate Planning
September 8 @ 10AM
Estate Planning
October 6 @ 10AM
Estate Planning
November 3 @ 10AM
Estate Planning
December 1 @ 10AM
In-Person
No other workshops scheduled at this time.
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