Estate planning can feel overwhelming, especially if it’s your first time facing the question,

“What happens if…?“

We spoke with Aashini Shrivastav, Esq. from Cardinal Wills to break down common questions and give South Carolina families a clearer path forward.

Frequently Asked Questions

1) What’s the most common misconception people have about estate planning?

Many people believe that estate planning is for the “rich”. If you own any assets in your name, whether it is real estate, a vehicle, or any type of personal property, and/or you have a minor child, an estate plan is highly recommended. 

~ Aashini Shrivastav, Esq

2) Is there a certain life stage or event when someone should start thinking about a will?

A Will is a living document, meaning that it can be updated all throughout your life. I strongly suggest that if any life changing event happens, people should make/update their Will. Some examples of life changing events include purchasing real estate, getting married or divorced, and having children, 

~ Aashini Shrivastav, Esq

3) What documents are essential in a basic estate plan for South Carolina residents?

For most people, 3 documents would suffice in an estate plan:

1) A Last Will & Testament

2) A Durable Power of Attorney

3) A Healthcare Power of Attorney

Of course, one size does not fit all with estate planning, so there could be fewer documents required or more.

~ Aashini Shrivastav, Esq

4) How does South Carolina’s probate process work, and how can people avoid complications?

Probate is the legal transfer of assets from a deceased person’s name to living person(s) names. In South Carolina, probate is a paperwork process. If there is a Last Will & Testament, it would make it easier for the Executor or Personal Representative to distribute the deceased person’s assets accordingly. If there is no Will, the distribution will follow the intestacy (dying without a Will) laws of South Carolina. A Will can help make the probate process smoother. Probate does not require an attorney to be involved, but of course, having an attorney would be helpful when there are complex issues.  

~ Aashini Shrivastav, Esq

5) What are some estate planning considerations for blended families?

According to the laws of South Carolina, if a person dies without a Will, only their biological and legally adopted children will inherit from their estate. For blended families with step-children, a Will is a reliable way to ensure that people are included or excluded as per your wishes.

~ Aashini Shrivastav, Esq

6) What’s one thing people often forget to update in their estate plan?

I have noticed that a lot of people separate from their spouse, but do not get around to a formal divorce process for a long time. Estate plans should be reviewed or updated in the interim to avoid any contentious issues during probate. 

~ Aashini Shrivastav, Esq

Have more questions? Reach out to Cardinal Wills or explore more legal resources from The Palmetto Directory’s expert contributors.

_{Disclaimer: The information provided in this FAQ is for general informational purposes only and does not constitute legal advice. While the insights shared by Attorney Aashini Shrivastav, Esq., are based on professional experience, every legal situation is unique. For guidance specific to your circumstances, please consult a licensed attorney in your jurisdiction. Viewing or relying on this content does not create an attorney-client relationship.}