Rock Hill Estate Planning Lawyer

Trusted Estate Planning Attorney in Rock Hill, SC

Beginning the estate planning process is no easy decision. Many avoid starting due to anxieties about the “what-ifs” in life. However, planning your estate is the easiest way to secure your own and your loved ones’ futures. Reach out to a Rock Hill estate planning lawyer to start the process today.

Hire an Estate Planning Lawyer That South Carolina Residents Rely On

Founded in 2001, the team at Orsbon & Fenninger, LLP has a niche focus on all aspects of estate planning in North Carolina and South Carolina. Our three attorneys have over 68 years of professional experience. When you come to meet with one of our lawyers, you’ll be able to describe your situation in full detail. Our team can offer transparent legal advice so you can make informed decisions about your estate.

We pass no judgment and refuse to use unnecessary legal jargon when meeting with our clients. Our team values making the legal process as easy as possible for our clients.

What Is Probate?

After a person passes away, their estate goes through probate. This process is generally overseen by the York County Probate Court, located at 2 South Congress Street in York. During probate, a personal representative will be in charge of:

1. Collecting and preserving all assets
2. Paying off any outstanding taxes or debts with the assets
3. Distributing the remaining assets to the people named in the deceased’s will

The Types of Documents in a South Carolina Estate Plan

Around 12,102 residents of Rock Hill were over the age of 65 in 2023. These residents are typically well-established and have a higher need for an estate plan. However, no matter your age, having an estate plan can help ensure your healthcare and financial wishes are respected. An estate plan can include:

• A will. This document outlines how you’d like your assets and personal belongings to be handled after you pass away. In 2023, the average home value in Rock Hill was $267,400. The average household income that year was $64,770. To protect these high-value assets, careful planning is necessary.
• Healthcare power of attorney. This document names a trusted person to be in charge of your healthcare decisions if you are unable to communicate for yourself. You can choose whether your healthcare agent has full authority over your care or limited authority over specific decisions.
• Power of attorney. This document names a trusted person to be in charge of specific or broad financial tasks if you’re unable to do them yourself. For example, you can create a power of attorney to handle the sale of your home while you’re out of the country.

You can create either a general power of attorney, typically used for specific tasks or short-term use, or a durable power of attorney, typically used in the event you become incapacitated and are unable to manage your finances.

Trusts in South Carolina

The stress of probate in Rock Hill often leaves family members arguing over their loved one’s assets. To avoid the heavy costs, time, and headache involved with probate, you can place your assets in a trust. There are two main types you can use in South Carolina. They are:

1. A revocable living trust. This type of trust allows you to place any assets you would like, and can be changed or canceled at any point during your lifetime. Once you pass away, the assets will automatically go to the people you name, avoiding probate altogether.
2. An irrevocable living trust. This type of trust has the same benefits as a revocable living trust, but is permanent and cannot be altered or canceled once recreated. Legally, assets placed into an irrevocable living trust belong to the trust.

Be sure to hire an estate planning lawyer during this time to help determine which trust is right for your specific needs.

FAQs

What Is a Small Estate Affidavit?

A small estate affidavit is a specific type of process that South Carolina residents may be eligible for. If the person has been deceased for thirty days and their personal belongings value less than $45,000, you can use this process as an alternative to full probate as long as no personal representative has been assigned to their estate. You can file the affidavit for any assets you are legally entitled to.

Does South Carolina Have an Estate or Inheritance Tax?

South Carolina does not have an estate or inheritance tax after a person passes away. However, there is a federal estate tax that applies to high-value estates. In 2026, if an estate values more than $15 million, the federal estate tax is owed. Any estate worth less than this doesn’t owe any estate tax. Assets from the estate are used to pay the federal estate tax.

What Is the Biggest Mistake With Wills in South Carolina?

The biggest mistake with wills in South Carolina is not ensuring that they are legally compliant. Even a small clerical error can invalidate a will and lead to your wishes not being followed after you die. Wills in South Carolina must be signed by you in front of two disinterested witnesses. The two witnesses cannot be an heir or an immediate family member.

What Happens if a Person in South Carolina Passes Away Without a Legally Valid Will?

If a person in South Carolina passes away without a legally valid will, the state will be handled according to the state’s intestate succession laws. These laws often contradict what a person wants done with their belongings. Depending on your family situation, your estate will go to your spouse, be split between your spouse, children, and grandchildren, or go to your siblings and/or parents if you have no spouse or children.

Work With a Trusted Estate Law Firm Today

Reach out to Orsbon & Fenninger, LLP today to schedule a confidential meeting at our Charlotte office with one of our experienced lawyers. We work with clients living in Rock Hill and the surrounding areas throughout North Carolina and South Carolina. Two of our attorneys are board-certified specialists in estate planning and probate law.

When you work with Orsbon & Fenninger, LLP, you are working with a team of legal professionals who are passionate about building lasting connections with our clients.