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First, those assets that you have transferred to the trust prior to your death will avoid probate. Upon your death, the successor trustee will do with the assets whatever the trust says. The bottom line is that upon your death, the trust serves as a Will to the extent that it has assets in it.
To make a living trust in South Carolina, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
Creating a living trust in South Carolina involves creating a written trust document and signing it in front of a notary. The trust is not final until you transfer assets into it.
The trust agreement is the parent document that details anything and everything regarding the trust, including its agreements. Meanwhile, the certificate of trust is used in tandem to keep nonessential information confidential.
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.
Creating a living trust in South Carolina involves creating a written trust document and signing it in front of a notary. The trust is not final until you transfer assets into it.