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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.
This means that while you're alive, you retain control of the trust and its property. In your trust document, you'll also name a "successor trustee" to take over and manage the trust after you die; this person will distribute the property in the trust to your beneficiaries.
When you make a living trust that can manage your assets during your lifetime and afterward, the law calls you the ?settlor.? Whether your living trust is typed or handwritten, you, as the settlor, must sign the document. You do not need witnesses, and the paper does not have to be notarized.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
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.
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.