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With proactive counsel & transparent pricing, Nantz Law is committed to making last will and testament preparation as affordable as it is efficient. Create your last will & testament from the comfort of your home for just $350.
Last Will & Testament Reviews
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Our team of experienced estate planning attorneys offers a wide range of affordable attorney-drafted estate planning documents, including wills, trusts, powers of attorney, and healthcare directives.
Why do I need a last will & testament?
Do it for your kids your partner your peace of mind today their peace of mind tomorrow
Last Will and Testament Pricing
Simple Last Will and Testament
Simple Last Will and Testament
Allow our experienced attorneys to guide you through the process of creating a Last Will.
Includes:
- Last Will & Testament
- Asset & funding guide
- One-on-one review conference with a qualified attorneys.
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Next Steps
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Last Will & Testament FAQs
What is a Last Will & Testament in South Carolina
A Last Will & Testament is a legal document that outlines how you wish your assets to be distributed after your death, and can also appoint guardians for minor children in South Carolina.
Why is having a Will important in South Carolina?
Having a Will ensures that your assets are distributed according to your wishes, provides clarity for your family, and can help avoid potential disputes and complications in probate court in South Carolina.
What is a Devisee?
A “Devisee” is the term for an individual or entity that will inherit assets under a Last Will and Testament.
How do I leave certain pieces of personal property to certain people?
A separate “Memorandum of Disposition of Personal Property” form is included at the end of our Last Will and Testament which allows you to handwrite in and direct specific personal property to specific people. This can be added to at any time. (I.e. “My platinum 1.5k wedding ring to my daughter, Jane Doe”).
What is a Personal Representative?
A Personal Representative is someone responsible for passing assets to those “Devisee(s)” in your Last Will and Testament. A personal representative does NOT receive payment or assets for that role unless otherwise directed.
How do I leave assets to individuals who are minors?
If minors are named in a Trust Agreement as beneficiaries, court conservatorship proceedings are NOT required. The named trustee will manage assets for the minor. If minors are named as a Devisee in a Last Will and Testament, separate court conservatorship proceedings are required because minors cannot legally hold assets.
What happens if I die without a Will in South Carolina?
If you die without a Will in South Carolina, your assets will be distributed according to state intestacy laws, which may not align with your personal wishes or family needs.
Can I leave assets to anyone I choose in my Will in South Carolina?
Generally, you can leave your assets to anyone you choose, but there are laws to protect spouses and minor children from being completely disinherited in South Carolina.
How do I make a valid Will in South Carolina?
To create a valid Will in South Carolina, it must be written, signed by you, and witnessed by at least two individuals. It’s advisable to consult with an attorney to ensure all legal requirements are met.
Can I change my Will after it's made in South Carolina?
Yes, you can change or revoke your Will at any time as long as you are mentally competent. Changes should be made through a formal amendment called a codicil or by making a new Will.
What is the difference between a Will and a Living Trust in South Carolina?
A Will goes into effect after death and covers only probate assets, while a Living Trust is effective during your lifetime and can cover all assets placed in the trust, potentially avoiding probate.
How should a will be executed to ensure its validity, and why is proper execution important?
Proper execution of a will is crucial to its validity. In many states, including South Carolina, a will that is formally executed in front of witnesses and with all signatures notarized is considered “self-proving.” This self-proving status allows the will to be admitted to probate without the need for additional witness testimony or proof. It’s important to adhere to the required formalities, as addressing a challenge to a will’s validity can be costly and difficult. Nantz Law’s experienced attorneys in South Carolina, particularly in Rock Hill and Charleston, can assist you in executing a valid will, ensuring your intentions are accurately documented.
Can a Will be contested in South Carolina?
Yes, Wills can be contested on grounds such as undue influence, lack of mental capacity, improper execution, or the existence of a more recent Will.
What should I consider when selecting an Executor for my Will in South Carolina?
Choose someone responsible, trustworthy, and capable of managing financial matters. Consider the complexity of your estate and the potential for family dynamics to affect the process.
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Last Will & Testament Advisors
Meet Your Estate Planning Counsel
Learn more about managing attorney Trey Nantz.