Rock Hill Trust Attorney

Rock Hill Trust Lawyer

One of the most important tools in estate planning is a trust. There are several options for trusts, and each has its own benefits, limitations, and requirements. A skilled Rock Hill trust attorney at Mack & Mack Attorneys can help you determine which kind of trust is right for your individual situation and make sure your legal documents satisfy all procedures and rules related to trusts in South Carolina.

A benefit of a living trust is the ability to avoid probate. Probate is the legal process where the court oversees the settlement of a decedent’s estate and can include distribution of assets, custody and guardianship, and other significant legal matters. Without a trust, probate can be a lengthy process. Many factors can influence how long it takes to settle an estate, including how busy the local probate court is.

For Rock Hill, probate and estate cases are handled at the York County Courthouse on Congress Street in York. Because the York County Probate Court is one of the courts with a heavy caseload in the state, according to the South Carolina Judicial Branch’s 2024-2025 annual report, probate cases here may take longer to resolve.

Trusts: Powerful Estate Protection in Rock Hill

According to Caring.com’s annual wills and estate planning study, the number of Americans who have estate planning documents in place has been decreasing since 2022. In addition, 18-34-year-olds are more likely to have an estate plan than 35-54-year-olds. Well over half of the respondents reported not even thinking about making an estate plan yet.

One of the most effective ways to make sure your family is cared for in the future is to establish a trust. However, knowing which kind of trust is right for your family can be complicated because each type of trust has its own considerations. For example, there are revocable trusts, in which the person who establishes the trust can change or revoke the trust at any time, and irrevocable trusts, which are much more difficult to amend but may offer greater benefits.

Common trusts used in South Carolina include:

• Living trust – A revocable trust that allows probate to be avoided and postpones inheritance for young beneficiaries.
• Asset protection trust – An irrevocable trust that places legal protections against creditors on the assets within
• Special needs trust – Provides necessary resources to a person with mental or physical disabilities
• Life insurance trust – A specific trust that determines how life insurance benefits are to be handled after the person’s death.

In general, the person establishing the trust must name beneficiaries who will receive assets from the trust, name trustees who are responsible for overseeing the administration of the trust in accordance with regulations, and determine which assets will be placed in the trust and how the assets are to be used.

When you hire a trust attorney, they can help you determine which options are available to you and guide you in determining whether a trust is right for you.

Hire a Trust Attorney

The skilled and compassionate legal team at Mack & Mack Attorneys has been helping families like yours in the Rock Hill area since 1960. We have extensive experience with estate planning, including trust cases, and our legal professionals can help you make sure your family and legacy are protected. Get in touch with our offices right away to set up a consultation and discuss how a trust can help you meet your family’s needs.