Planning that fits how people live in Bluffton

Bluffton has changed quickly. Many of the people we meet moved here from another state, bought a home in a planned community, and still have documents signed under another state’s law. Others are lifelong Lowcountry families with land that has passed down for generations. Both groups need an estate plan that works under South Carolina law and makes sense for the family they have today.

Smith Law, LLC is located at 200 Okatie Village Drive, Suite 103, in Bluffton, just off Highway 278 near the Okatie area. We help Bluffton residents put together wills, revocable trusts, durable powers of attorney, and health care directives, and we review plans that were written somewhere else.

Moved here from another state?

A written will that was valid where it was signed, or where you lived at the time, is generally valid in South Carolina (South Carolina Code Section 62-2-505). That does not mean it works well here. Common issues we see with out-of-state documents include:

  • Powers of attorney. South Carolina has its own rules for durable powers of attorney, and an agent can use it after you become incapacitated only if it has been recorded like a deed in the county where you live (South Carolina Code Section 62-8-109(c)). An out-of-state form can slow down a sale or refinance of a Bluffton home.
  • Health care directives. South Carolina uses its own Health Care Power of Attorney and Declaration of a Desire for a Natural Death forms (South Carolina Code Sections 62-5-504 and 44-77-50). These are the forms South Carolina law provides.
  • Trusts that do not hold the house. If you created a revocable trust before you moved but never deeded your Bluffton home into it, that home may still go through probate in Beaufort County, or in Jasper County if you live in a part of the Bluffton area that lies in Jasper County, such as sections of Sun City Hilton Head.
  • Personal representatives who live far away. Many families name a child who lives out of state. Living outside South Carolina does not disqualify someone from serving as personal representative (South Carolina Code Section 62-3-203), although the court may require a bond (South Carolina Code Section 62-3-603).

What a Bluffton estate plan usually includes

Every family is different, but most plans we prepare include some combination of the following:

1. A last will and testament naming a personal representative and guardians for minor children.

2. A revocable living trust for clients who want to reduce the role of the probate court or keep matters private.

3. A durable power of attorney for financial matters.

4. A health care power of attorney and living will.

5. A deed review to confirm how your Bluffton property is titled, and whether it should be moved into a trust.

For families with second homes, rental property, or a family business, we also look at how those assets are titled and who will step in to manage them.

Community and HOA considerations

Many Bluffton homes sit in communities with property owners’ associations, including age-restricted neighborhoods such as Sun City Hilton Head. Transfers after a death may require notice to the association, payment of transfer fees set by the association, or compliance with the community’s covenants. A good plan anticipates those steps so your family is not surprised.

How we work

Brandon W. Smith has practiced in South Carolina since 2004. Our process is straightforward. We start with a conversation about your family and what you own, explain your options in plain language, and then prepare documents for your review. We meet in our office or by video. Signing takes place in our office with the required witnesses and a notary. You take home your signed originals, and we keep a copy for our file.

We also handle the related work that often comes up later, including probate and estate administration in Beaufort County and the real estate side of moving property into a trust.

Frequently asked questions

Do I need a new will if I moved to Bluffton from another state?

Not always, but you should have it reviewed. Your old will may still be valid, while your powers of attorney and health care documents are more likely to need South Carolina versions.

Does South Carolina have an estate tax?

South Carolina has no inheritance tax, and its estate tax is tied to a federal state death tax credit that no longer exists, so no South Carolina estate tax is currently due. Federal estate tax may still apply to larger estates.

Should my Bluffton home be in a trust?

It depends on your goals. Holding the home in a revocable trust can help your family avoid a probate proceeding for that property. We review the deed and explain the tradeoffs.

How long does it take to put a plan in place?

Most plans can be prepared within a few weeks of the first meeting, depending on how complex the family and assets are.

Ready to put a plan in place, or want a second look at documents you signed somewhere else? Call Smith Law, LLC at 843.705.4400 or visit us at 200 Okatie Village Drive, Suite 103, Bluffton, South Carolina 29909.

Related pages

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