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A will in South Carolina is very important for the following reasons:
  • If you die without a will, arcane state law will decide how your estate is divided. For example, if you are married with children, your spouse gets ½ and your children split the other ½. It is a nightmare to have a 2 year old own ¼ of a house or worse, an adult child who you are estranged from.
  • If you have minor children, you decide, not the State, who will have custody of your minor children.
  • You eliminate the possibility of Escheat- the State getting your money.

  • When people ask me about a will, I recommend two other documents:
  • Durable Power of Attorney- You appoint someone to handle your financial affairs if you cannot for any reason, e.g., you have to be out of town the day of a real estate closing, or you become mentally or physically incapacitated and cannot handle your affairs any more.
  • Health Care Power of Attorney- You appoint someone to handle your health care decisions if you are incapacitated.

  • I recommend getting the "whole package" of documents at the same time in most cases. We ask your net worth because of issues of estate taxes. The law is in a state of flux with regards to what is or is not a taxable estate. The amount in what defines a taxable estate is working its way through Congress right now.

    Common Fee for Wills and other documents (we will tell you if yours is more- these fees are accurate in MOST cases.)

    $150 for single, $200 for couple
    Health Care POA and Durable POA- (a la carte) $75 for single, $100 for married couple
    NOTE- We will discuss whether you want to use the Power of Attorney right away. If you wish to do so, the County charges $15 for each Power of Attorney to record at the Deeds Office.

    All 4 documents $300 for single, $400 for Married couple