Estate Planning Conversations To Have With Aging Parents In South Carolina

Talking about estate planning with aging parents can be uncomfortable, but it’s one of the most important discussions a family can have. Clear communication and early planning help ensure that your parents’ wishes are respected and that you’re not left guessing during difficult times. In this article, we’ll share…

• When to begin talking to aging parents about estate planning.
• How to safely store their estate planning documents.
• Whether out-of-state documents are still valid in South Carolina.

My Parents Are Getting Older. When Should We Start Talking About Estate Planning?

It’s best to begin those conversations as soon as possible, especially while your parents are in good health and have a clear mind. Starting early allows them to actively participate in decision-making and respond thoughtfully to your suggestions.

What’s The Best Way To Store Their Estate Planning Documents, And Who Should Have Access?

The safest approach is to keep important estate planning documents in a fireproof location, such as:

• A bank safe deposit box
• A home safe
• A secure lockbox

Your personal representative and/or successor trustee should know how to access that location. That way, when the time comes, they can easily retrieve the documents without unnecessary delays.

Should They Include Funeral Or Burial Instructions In Their Estate Documents?

Including funeral or burial instructions can greatly reduce stress for surviving family members. Pre-planning ensures that everyone understands your parents’ wishes. In my trust package, we provide a section specifically for clients to outline funeral preferences and how they want the service conducted.

What’s The Elective Share In South Carolina, And Could It Affect My Surviving Parent?

In South Carolina, if one spouse leaves the other little or nothing in their will, the surviving spouse can claim what’s called the elective share. This allows the omitted spouse to request one-third of the deceased spouse’s estate. However, this right is not automatic. The surviving spouse must file for the elective share within eight months of the date of death or within six months after the probate action is filed, whichever is later.

If My Parents Moved To South Carolina Recently To Be Closer To Me, Do Their Out-Of-State Documents Still Work?

That depends on the specific documents. Each state has its own laws regarding estate planning documents, especially powers of attorney and healthcare directives. The best approach is to take your parents’ existing documents to a South Carolina estate planning attorney. After reviewing them, the attorney can confirm whether they’re valid in this state or if updates are necessary.

Should We Update Estate Planning Documents Annually Or Only After Big Life Events?

Our firm recommends reviewing estate planning documents at least once a year. Regular reviews help catch small updates that might otherwise go unnoticed. Of course, if a major life event occurs, such as a marriage, divorce, death, or major financial change, your parents should review and update their documents as soon as possible.

Still Have Questions? Ready To Get Started?

For more information on estate planning with older parents in South Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.