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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.
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.
There are three ways to get a certificate of trust made: With a lawyer. An estate planning attorney can draft a certificate of trust for you to accompany your trust. With estate planning software. ... With a state-specific form from a financial institution or notary public.
Successor Trustee is the person or institution who takes over the management of a living trust property when the original trustee has died or become incapacitated. The exact responsibilities of a successor trustee will vary depending on the instructions left by the creator of the trust (called the Grantor).
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.
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.