A plan built for Lowcountry families

Beaufort County families have a wide range of planning needs. Retirees in the City of Beaufort and on Lady’s Island want to protect what they have built. Military families stationed in the area need documents that work while they move. Long-time Sea Island families want land to stay in the family. We serve these families from our Bluffton office at 200 Okatie Village Drive, Suite 103. Bluffton and Okatie residents can also see our Bluffton estate planning page.

The core documents

Most Beaufort County residents benefit from the same core documents:

  • Will. Names who receives your property, who serves as personal representative, and who cares for minor children.
  • Revocable living trust. Can help your family avoid the Beaufort County Probate Court for assets held in the trust and keep your affairs private.
  • Durable power of attorney. Lets a trusted person handle finances if you cannot. Before your agent can use it after you become incapacitated, South Carolina requires the document to be recorded in the county where you live (South Carolina Code Section 62-8-109(c)).
  • Health care power of attorney and living will. Names who makes medical decisions and records your wishes about end-of-life care, using South Carolina’s Health Care Power of Attorney and Declaration of a Desire for a Natural Death.

Keeping land in the family

Parts of Beaufort County have a long history of family land, including heirs’ property held by many descendants without a clear title. When land passes without a will, every heir may end up with a small undivided share, which can make the property hard to manage, borrow against, or keep. South Carolina’s Uniform Partition of Heirs’ Property Act (South Carolina Code Section 15-61-310 and following) gives co-owners some protections in a court sale. A will or trust that clearly states who inherits, and how, is one of the most effective ways to protect family land for the next generation. If a parcel is already heirs’ property, we can talk about steps to clear title.

Planning for military families

Beaufort County is home to Marine Corps Air Station Beaufort and Marine Corps Recruit Depot Parris Island. Service members and their spouses often need documents that will be recognized in other states and on base. We prepare South Carolina documents and coordinate them with any military benefits, survivor benefits, and life insurance designations. For veterans, we coordinate the estate plan with benefits you already receive.

Planning for later in life

Many Beaufort County clients are retirees. For them, planning often includes:

  • Who will help with finances and health care if needed.
  • How to pay for long-term care, including Medicaid planning where appropriate.
  • Whether a home should be held in a trust.
  • How property in another state will be handled.

Our elder law and Medicaid planning work fits alongside the estate plan so the pieces work together.

Blended families

Second marriages are common in the Lowcountry. Without careful planning, children from a first marriage can be unintentionally left out, or a surviving spouse can be left without a home. When the spouse who dies was domiciled in South Carolina, South Carolina law also gives the surviving spouse an elective share right of one third of the probate estate (South Carolina Code Section 62-2-201), which should be considered in any plan.

Frequently asked questions

Do I need an estate plan if I do not own much?

Yes. Powers of attorney and health care documents matter regardless of the size of your estate, and a simple will can save your family time and expense.

Is a will from my military legal office valid?

Federal law treats a military testamentary instrument prepared under 10 U.S.C. 1044d as valid in every state, including South Carolina. We can review them and make sure they still fit your situation.

How do I keep family land from becoming heirs’ property?

Make a will or trust that clearly directs who receives the land, and review it as your family changes.

Do you meet with clients outside Bluffton?

Our office is in Bluffton, and we serve clients across Beaufort County. Meet with us in Bluffton or by video.

Ready to put your plan in place? Call Smith Law, LLC at 843.705.4400 or reach us through our contact page to schedule a conversation. Meet with us in Bluffton or by video.

Related pages

This page is general information, not legal advice. Contacting us does not create an attorney-client relationship.