Wills & Trusts - Merline & Meacham

Practice Areas

Wills and Trusts Attorneys in Greenville and Columbia

The Process of Establishing a Will or Trust in South Carolina

Creating valid estate planning documents in South Carolina requires thoughtful legal analysis and adherence to statutory requirements. The general process includes:

Initial Consultation and Asset Review

An attorney reviews family structure, assets, existing documents, and long-term planning objectives, including tax exposure and beneficiary considerations.

Planning and Trust Design

Merline & Meacham attorneys help determine whether a will, revocable trust, irrevocable trust, or a combination of structures is appropriate based on probate considerations, multi-generational planning goals, tax implications, and asset protection needs.

Document Drafting and Execution

Wills and trusts are drafted in accordance with South Carolina law, including S.C. Code Ann. § 62-2-501 (wills) and § 62-7-101 et seq. (trusts). Proper witnessing and execution procedures are followed to ensure validity.

Asset Alignment

Real property, financial accounts, and other assets must be properly titled or designated to ensure the plan functions as intended. Deeds are recorded with the Greenville or Richland/Lexington County Register of Deeds, depending on the office assisting with the matter.

Periodic Review and Updates

Estate plans should be reviewed following major life or financial changes—marriage, divorce, births, deaths, business transitions, significant asset acquisitions, or changes in tax law.

Specialized Trust Structures

We understand that every family and estate plan is unique. Our services include drafting a wide variety of specialized trusts:

Credit Shelter (By-Pass) Trusts

Preserve exemptions and minimize estate taxes for married couples.

Trusts for Minor Children

Ensure assets are managed responsibly until children reach adulthood.

Special Needs Trusts

Protect benefits for loved ones with disabilities while securing their financial future.

Grandchildren’s Trusts

Provide for your grandchildren’s education or welfare.

Spendthrift Trusts

Shield trust assets from creditors or imprudent spending.

When Should a Will or Trust Be Updated?

Although there is no legal requirement for regular updates, revisions are advisable when:

Marital status changes
Children or grandchildren are added to the family
A named fiduciary or beneficiary dies or is unable to serve
Major assets are acquired or sold
State or federal tax laws change
A client moves into or out of South Carolina

Attorneys typically recommend reviewing estate plans every three to five years or following major changes.

Types of Trusts Commonly Used in South Carolina

Merline & Meacham works with clients on a wide range of trust structures, including:

Revocable Living Trusts
Credit Shelter Trusts
Special Needs Trusts
Spendthrift Trusts
Dynasty Trusts
Irrevocable Life Insurance Trusts (ILITs)
Qualified Terminable Interest Property (QTIP) Trusts
Charitable Remainder Trusts and Charitable Lead Trusts
Trusts for Minor Children or Grandchildren
Grantor Retained Annuity Trusts (GRATs)
Intentionally Defective Grantor Trusts (IDGTs)

Selection depends on tax considerations, family needs, and long-term planning objectives.

Why Clients Rely on Us

Deep Expertise & Precision

Our attorneys bring nuanced understanding and decades of experience in estate planning and trust law to every client.

Client-Centric Customization

We craft each document to reflect individual family dynamics, values, and financial goals—ensuring personal and effective solutions.

Integrated Legal Support

As a full-service firm, we ensure your wills and trusts align seamlessly with related advice in estate planning, taxation, business planning, and wealth transfer.

Future-Ready Planning

We build flexibility into your documents to ensure they remain effective through life's changes—whether that be family growth, financial shifts, or legal developments.

Who Should Consider Our Wills & Trusts Services

Individuals aiming to clearly define asset distribution and legacy wishes.
Families seeking protection for minor children or loved ones with special needs.
Estate holders interested in multigenerational wealth planning and asset preservation.
Clients looking to incorporate charitable missions into their planning.
Anyone seeking to avoid probate, reduce estate taxes, and streamline transition.

Begin Your Will or Trust in Greenville or Columbia

Merline & Meacham’s estate planning attorneys assist individuals, families, and business owners in Greenville and Columbia with the design and implementation of wills, trusts, and long-term planning structures.