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Revocation or amendment of revocable trust. (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.
One way to avoid probate in South Carolina is by using a transfer-on-death (TOD) deed for real estate. This allows the property to be transferred to the beneficiary upon the owner's death, bypassing the probate process.
Filing Will and Probatings - The South Carolina ( SC ) Probate Code of Laws requires that the Last Will and Testament be delivered to the Probate Court within 30 days of the decedent's death.
In South Carolina, the following assets are subject to probate: Property only held in the deceased's name. Any real estate that the decedent held as a tenant in common. The deceased's interest in an LLC, corporation or a partnership.
PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY. Section 62-5-422 - Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
When one parent dies, the parents of the deceased may still be able to have visitation rights if the meet the criteria in S.C. Code Ann. § 63-3-530(33) and can show compelling circumstances. South Carolina also recognizes the doctrine of a psychological parent.
Section 62-5-433 provides the basic statutory definitions and procedures for the settlement of claims in favor of or against minors or incapacitated persons. Other provisions of Title 62, Article 5, Part 4 (Protection of Property of Persons Under Disability and Minors) may also apply in these proceedings.
(A) As used in this section: (1) "Agent" or "health care agent" means an individual designated in a health care power of attorney to make health care decisions on behalf of a principal.