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Property left through a will (rather than a living trust) might be tied up for months or even years in probate court, and could involve court costs and lawyers' fees. By contrast, property left through a trust can be distributed to your beneficiaries almost immediately, and often without the need for an attorney.
The South Carolina living trust is a legal instrument used to avoid probate during the disposition of an estate. The Settlor will place their property into the trust and assign a Trustee to manage it (the Settlor can put themselves as Trustee during their lifetime).
The certificate must be acknowledged by the acting trustees and witnesses in the presence of a Notary Public before it is recorded in the county where the subject real property is situated. Consult a lawyer with questions regarding certifications of trust in South Carolina.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
Our goal here at Grand Strand Law Group is to help families of all ages plan their estate so they can avoid a loved ones assets having to go through probate. In South Carolina, a trust is a sure fire way to ensure your assets don't go through probate court.