Best Lawyers in South Carolina, United States for Trusts and Estates
Practice Area Overview
Estate planning is about more than passing on property—it's about protecting your family, honoring your wishes and avoiding unnecessary legal complications. In South Carolina, estate planning attorneys play a key role in helping individuals and families prepare for the future by drafting documents like wills and living trusts, structuring inheritances and guiding loved ones through the probate process when someone passes away.
A thoughtful estate plan ensures a smooth transfer of assets, reduces potential conflicts and helps families avoid delays in the courts. Whether you're planning ahead or managing the affairs of a loved one, working with a South Carolina estate lawyer offers clarity and peace of mind.
What Does a South Carolina Estate Lawyer Do?
Estate attorneys in South Carolina provide a wide range of services tailored to your needs. For many clients, the process begins with creating a will or establishing a living trust. These legal tools direct how your property will be distributed and who will carry out your wishes after death. In South Carolina, trusts are also used to help families avoid probate, maintain privacy and manage complex assets more efficiently.
An estate planning attorney can also prepare durable powers of attorney and advance health care directives. These documents appoint someone you trust to make financial and medical decisions on your behalf if you're ever unable to act for yourself.
Estate lawyers advise on tax-efficient ways to pass down wealth, help clients structure gifts and trusts for children or grandchildren and offer strategies for managing property that crosses state lines. For families dealing with incapacity or long-term care, attorneys can also help set up guardianship arrangements for minors or aging parents.
After someone dies, a probate lawyer in South Carolina can guide families through estate administration—filing required paperwork, settling debts, distributing assets and resolving disputes that may arise between heirs.
Probate can be confusing and time-consuming, but experienced attorneys help keep the process on track and compliant with state law.
When Should You Hire an Estate Planning Lawyer?
Major life changes are often the best time to revisit or begin estate planning. South Carolina residents frequently hire an estate planning lawyer when buying property, starting a business or getting married. A divorce, the birth of a child or becoming responsible for aging parents are also moments when legal guidance becomes essential.
Inheritance is another turning point. If you've recently received a large sum or are concerned about what happens to your own estate, a South Carolina estate lawyer can help you organize your affairs and reduce the burden on your loved ones later. Even if you think your situation is straightforward, small mistakes—like failing to update beneficiaries or improperly signing a will—can create serious problems later.
You don’t need a crisis to justify calling an attorney. Planning ahead, especially with the help of estate planning lawyers in South Carolina, allows you to take full advantage of state-specific options for protecting your legacy.
Understanding Probate in South Carolina
Probate is the legal process of settling a deceased person’s estate. In South Carolina, probate typically begins when someone files the will with the county probate court. The court then appoints a personal representative—often named in the will—to handle the estate's administration.
If the person died without a will, South Carolina’s intestacy laws determine who inherits. Generally, a surviving spouse and children receive the estate. If no immediate family exists, more distant relatives may inherit. Spouses have strong inheritance rights under South Carolina law, but the exact distribution depends on whether there are children or other heirs.
Probate is required in many cases, but not all assets go through the court process. Property held in joint tenancy, retirement accounts with named beneficiaries or assets placed in a properly funded living trust typically avoid probate. An estate planning attorney can review your holdings and help you understand what will and won't be subject to court oversight.
Homestead protections in South Carolina also impact probate. A surviving spouse or minor child may have the right to remain in a primary residence and certain allowances are available to support family members during the process. These state-specific protections can be complex, but a probate lawyer can ensure they are applied correctly.
Wills vs. Living Trusts: What’s Right for You?
A will is a foundational estate planning tool. It allows you to name beneficiaries, appoint a personal representative and designate guardians for minor children. But in South Carolina, having a will alone won’t avoid probate—your estate still needs to be processed through the courts.
That’s why many residents opt to include a revocable living trust as part of their estate plan. A living trust holds your assets during your lifetime and transfers them directly to beneficiaries upon your death, often without the need for probate. This approach offers privacy, simplifies administration and gives you greater control over how and when your assets are distributed.
While a trust offers many benefits, it must be properly set up and funded. Simply creating a trust document without transferring ownership of your property into the trust won’t achieve its intended goals. An experienced trust attorney in South Carolina can help you avoid common pitfalls and determine whether a trust is right for your situation.
It’s worth noting that while you don't need a lawyer to create a will in South Carolina, doing it without one may result in documents that are incomplete, invalid or fail to protect your interests. Errors in execution or language can lead to costly delays and disputes after you're gone.
Choosing the Right Estate Attorney in South Carolina
Choosing an estate lawyer means choosing someone to guide you through some of life’s most personal and important decisions. Experience matters. So does communication. Look for someone who explains your options clearly, answers your questions and takes the time to understand your goals.
To ensure you're working with a trusted professional, consider attorneys recognized by Best Lawyers. Our listings are based on extensive peer review, offering a reliable way to find respected South Carolina trust and estate attorneys. Every lawyer listed has earned the confidence of fellow professionals in the field.
Estate planning doesn’t have to be overwhelming. With the right attorney by your side, you can protect your loved ones, preserve your assets and ensure your wishes are honored. Whether you’re drafting your first will, setting up a living trust or navigating probate after a loss, working with an estate planning attorney in South Carolina can make all the difference.
Explore the Best Lawyers directory to find experienced estate attorneys near you. Our peer-reviewed listings help you connect with the most qualified professionals in your area—so you can take the next step with confidence.
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Mr. August is a shareholder in the firm. Mr. August has been with the firm since 1994. He is a certified specialist in the fields of both Taxation Law, and Estate Planning and Probate by The Supreme Court of South Carolina. He is listed in the book The Best Lawyers in America in the fields of Bursiness Organizations, Closely Held Companies and Family Businesses Law, Litigation and Controversy - Tax, Tax Law, and Trusts and Estates Law. He received his Bachelor of Arts Degree, magna cum laude ...
John Chase is a certified specialist in estate planning and probate law in Haynsworth Sinkler Boyd's Charleston office. John's services are geared to the preservation and orderly disposition of family businesses and large estates. He represents individuals, trusts and trust departments concerning challenges to estate plans. Advising business owners and clients on the best tax and financing structures for purchases and sales of business assets is also a strong focus of John's practice.
Frank Cureton is a certified specialist in Taxation Law, as well as a shareholder in Haynsworth Sinkler Boyd's Columbia office. He represents taxable entities and tax-exempt organizations in planning acquisitions, financing structures, mergers, spin-offs and dispositions. Frank works closely with Haynsworth Sinkler Boyd's Public Finance team. His practice also includes estate planning and individual tax planning, particularly for owners of family businesses and professional practices as they ...
Donny Dial is a tax attorney in Haynsworth Sinkler Boyd's Columbia office, where he works with many businesses in all areas of tax planning. He helps families with sophisticated techniques, such as leveraged gifts and family-limited partnerships that reduce estate taxes and the costs of probate.
RANDY E. FISHER is an attorney with the law firm of Thomas & Fisher, P.A. in Greenville, South Carolina. He practices in the areas of taxation, estate planning, trusts and estates, probate, partnership, limited liability company and corporate law, and mergers and acquisitions. He is a certified specialist in the fields of both Taxation Law, and Estate Planning and Probate Law by The Supreme Court of South Carolina. He is listed in The Best Lawyers in America in the fields of Taxation Law,...
A co-founder of the firm, John Gettys’ wide-ranging practice focuses on real estate, probate administration, probate litigation and personal injury. He is a preferred closing attorney for some the area’s best-known developers and builders, handling all types of residential real estate closings from purchases to re-finances and home equity lines of credit. John is an experienced probate litigator. He regularly assists clients with pursuing guardianships and conservatorships for chi...
Jenny Heichelbech works to save her estate planning clients money and headaches by structuring their estate plans in a way that protects their family interests while maximizing their tax exemptions and credits. She focuses on being responsive and working efficiently to meet the needs of her clients.
John is a Partner practicing in the firm's Hilton Head office where he focuses his practice on Estate Planning and Probate Administration law. John is certified by the South Carolina Supreme Court as a specialist in Estate Planning and Probate Administration and is a Fellow of the American College of Trust and Estate Counsel (ACTEC). John graduated from the University of South Carolina School of Law in 1998 and was admitted to the South Carolina and Virginia Bar in the fall of 1998. After gra...
Paul Lynch brings considerable experience to a broad client base in various areas of practice. He is particularly dedicated to preserving and protecting family assets and facilitating transfers among generations in the most efficient manner possible. Areas of Focus Estate planning Estate administration Health care Planning for closely held businesses Real Estate The former managing member for the firm's Charleston office, Paul frequently speaks on taxation and estate planning issues before ci...
Mr. Meacham is a shareholder in the firm. Mr. Meacham has been with the firm since 1987. He is a certified specialist in the fields of both Taxation Law, and Estate Planning and Probate Law by The Supreme Court of South Carolina. He is listed in the book The Best Lawyers in America in the following fields: Business Organizations, Closely Held Companies and Family Businesses Law, Litigation - Trusts and Estates, Litigation and Controversy - Tax, Non-Profit/Charities Law, Tax Law, and Trusts an...
Mr. Merline is an Associate in the firm. Mr. Merline has been with the firm since 2015. He is listed in the book The Best Lawyers in America, Ones to Watch, in the field of Trusts and Estates. He received his Bachelor of Since Degree from Clemson University, his Juris Doctor Degree from the University of South Carolina School of Law, and his Master of Laws in Taxation Degree from the Boston University School of Law. He is also a member of the Greenville Estate Planning Council, the Greenville...
Mr. Merline is a shareholder in the firm. Mr. Merline has been with the firm since 1983. He is a certified specialist in the fields of both Taxation Law, and Estate Planning and Probate Law by The Supreme Court of South Carolina. He is listed in the book The Best Lawyers in America in the following fields: Business Organizations, Closely Held Companies and Family Businesses Law, Corporate Law, Employee Benefits Law, Litigation - ERISA, Litigation - Trusts and Estates, Litigation and...
Mrs. Monroe is an Associate in the firm. Mrs. Monroe has been with the firm since 2001. She is listed in the book The Best Lawyers in America in the fields of Business Organizations and Closely Held Companies and Family Businesses Law. She received her Bachelor of Arts Degree, cum laude, from the Bowdoin College, her Juris Doctor Degree, cum laude, from the University of South Carolina School of Law, and her Master of Laws in Taxation Degree from the New York University School of Law. She is ...
Mr. O ‘Neal is a shareholder in the firm. Mr. O’Neal has been with the firm since 2008. He is a certified specialist in the fields of both Taxation Law, and Estate Planning and Probate by The Supreme Court of South Carolina. He is listed in the book The Best Lawyers in America in the fields of Closely Held Companies and Family Businesses Law and Trusts and Estates Law. He received his Bachelor of Arts Degree from the Furman University, his Juris Doctor Degree from the University o...
Jeff Rambach is an experienced tax attorney and a partner in our Tax Credit Finance & Syndication Practice Group. He concentrates his practice in tax and business transactions with a focus on the development of real estate with the low-income housing tax credit (LIHTC), the historic rehabilitation tax credit (HTC), the renewable energy tax credit (RETC)and other federal and state income tax incentives. Jeff also has significant experience in a broad range of tax matters, including the tax...
John Scott focuses his practice on business representation and tax planning as a shareholder and tax attorney in Haynsworth Sinkler Boyd's Florence office. His practice includes providing advice and counsel to his clients on a number of general corporate issues including the formation of business entities such as limited liability companies and corporations, mergers and acquisitions, succession planning and contractual matters.
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.