In South Carolina, if you own real property at your death (which is not passing under a joint tenants deed or similar deed), then state law requires that your estate be probated in the Probate Court in the county of your residence. If you do not have a will, then your property will be distributed according to the intestacy laws of the State of South Carolina.

What Does This Mean For You?

Because of this, at McKinney Sullivan we believe that everyone who owns real property should have a will (also referred to as a Last Will and Testament). If you have property or children, a properly drafted and executed will is the document that legally determines how your property is distributed to your heirs and others.

A will is your expression of how you wish to distribute your property, including to family, children, others and charities. If you have children under the age of 18 (minor children), your may also name in your will a guardian or guardians to have custody of your children. Your will may also name a trustee and create a trust to provide for the financial well being for your children.

We have found that an ideal time to revise or draw up a will is in conjunction with the closing process. That’s why at McKinney-Sullivan, we also assist our clients with other estate documents, including Living Wills, Health Care Powers of Attorney, and other Powers of Attorney, in addition to our real estate law practice.

At McKinney-Sullivan, we work closely with our clients to understand their unique financial and family situations so their Will or other documents truly reflect their individual circumstances.

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