How You Can Protect Your Estate Plan From Court Involvement

Wanting to avoid court involvement in your estate is a common thought. After all, it is your legacy that’s at stake. Avoiding the necessity of court involvement for financial, privacy, and other reasons is not an unreasonable thought. But, how are you able to avoid having your legacy a matter of the public record for all to see?

If you feel that the matters of your estate should be kept private and that your assets should be distributed to your loved ones rather than eroded by court fees and public exposure, you’re not alone. Ultimately, it’s going to take proactive planning to avoid court involvement in the distribution of your South Carolina estate.

When the South Carolina Courts Must get Involved 

The court typically gets involved in your estate under two circumstances—guardianship and probate.

Guardianship and Conservatorship

While not public, should someone become mentally incapacitated without an estate plan directing a trusted individual’s actions, their affairs inadvertently become the court’s concern. In these cases, a court procedure known as guardianship or conservatorship is initiated to appoint an individual to manage the incapacitated person’s affairs.


During probate, the court supervises the validation of the will, identification of heirs, the collection of assets,and  payment of debts.. This process ultimately determines the distribution of the remaining assets after all debts, taxes, and costs are paid.

Protecting Assets From Courts Involvement 

Working with Charleston Estate Planning Law Firm, you can keep your affairs out of court entirely.

Power of Attorney Designations

You can appoint agents or attorneys-in-fact—individuals or entities—to make decisions on your behalf, whether medical or financial, through a power of attorney document. Durable powers of attorney remain effective even after the incapacity of the creator, thus preventing the need for court-appointed guardianship or conservatorship.

Placing Assets Into Trusts

Trusts are arrangements that hold your assets, managed by trustees who may be individuals or corporate entities. Unlike wills, trusts bypass probate. We can guide you in choosing the right type of trust for your estate, ensuring your assets are distributed according to your wishes without undergoing probate. By fully funding a revocable living trust, you not only ensure your assets go to your chosen beneficiaries, but you also retain control to alter or revoke the trust during your lifetime as your financial or family circumstances change.

Make Sure Your South Carolina Estate Plan is Protected From Court Involvement 

Selecting suitable Powers of Attorney and establishing Revocable Living Trusts are among the numerous effective strategies we can deploy to shield your legacy from court involvement. With a thorough estate plan put together with the assistance of our experienced attorneys, you can be confident that your hard-earned assets will be transferred directly to those most important and dear to you. Contact the team at Charleston Estate Planning Law Firm to discover how you can fortify your estate plan from court involvement.

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Charleston Estate Planning Law Firm

At the Charleston Estate Planning Law Firm, we believe that estate planning is all about protecting your family and loved ones in the event of your incapacity or death.

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