What to Know About Working With Benson Law Firm for Estate Planning

Benson Law Firm handles wills, trusts, and property transfer for South Carolina residents

Benson Law Firm is an estate planning practice based in South Carolina that works with individuals and families on documents like wills, trusts, powers of attorney, and healthcare directives. The firm helps clients organize their assets, name guardians for minor children, and plan for what happens to their property after death. If you are looking for a local attorney to draft or update estate documents, Benson Law Firm is one option to research alongside others in your area.

Estate planning is not one-size-fit-all. The documents you need, the structure that makes sense for your situation, and the cost all depend on what you own, who you want to leave it to, whether you have minor children, and your state's tax laws. A lawyer can explain how different approaches work and what each one costs before you commit to anything.

Key Takeaways

• Benson Law Firm offers estate planning services including wills, trusts, powers of attorney, and healthcare directives for South Carolina residents.
• Estate planning documents serve different purposes — a will directs property distribution, a trust can avoid probate, and a power of attorney names someone to handle finances if you cannot.
• The right documents for your situation depend on what you own, who your heirs are, whether you have minor children, and your goals for managing your estate.
• Before hiring any estate planning attorney, you can compare their experience, fee structure, and approach by calling multiple firms and asking about their process.

What estate planning documents do

A will is a legal document that names an executor (the person who carries out your wishes) and says who gets your property. It only takes effect after you die, and it goes through probate — a court process that can take months or years depending on the size of your estate and whether anyone contests it. A will is usually the simplest document to create, but it does not avoid probate.

A trust is a separate legal entity that holds your property while you are alive and distributes it according to your instructions after you die. Trusts can avoid probate, which means your heirs may receive their inheritance faster and with less court involvement. Trusts are more complex to set up than wills and usually cost more, but they can save time and money later if your estate is large or your family situation is complicated.

A power of attorney names someone to handle your financial decisions if you become unable to do so yourself — whether temporarily or permanently. A healthcare directive (also called a living will or healthcare power of attorney) names someone to make medical decisions on your behalf and can specify what kind of medical care you do or do not want if you cannot communicate.

How to research and compare estate planning attorneys

Start by asking whether the attorney focuses primarily on estate planning or handles it as one part of a broader practice. An attorney who does estate planning full-time may have more experience with complex situations, but an attorney who handles it alongside other practice areas may work well for a straightforward will or trust. Ask how long they have been practicing estate planning in South Carolina and whether they have experience with situations similar to yours.

Ask about fees upfront. Some attorneys charge a flat fee for a will or trust, while others charge hourly rates. Flat fees are easier to budget for; hourly rates can be unpredictable if your situation turns out to be more complicated than expected. Ask whether the fee includes follow-up meetings or updates, or whether those cost extra. Many attorneys offer a free initial consultation where you can ask these questions before deciding whether to hire them.

Ask about their process. How many meetings will you need? Will they draft documents for you to review, or will they walk you through options first? How do they handle changes or updates after your documents are signed? A clear process helps you understand what to expect and how long everything will take.

Questions to ask before hiring an estate planning attorney

Ask whether the attorney is licensed to practice in South Carolina and whether they carry malpractice insurance. Ask what happens if you need to update your documents later — do they charge a new fee, or do they offer updates as part of the original service? Ask whether they store copies of your signed documents or whether you are responsible for keeping them safe.

Ask how they handle situations where family members might disagree about your wishes. Some attorneys will only represent you, not your family members, to avoid conflicts of interest. Ask whether they recommend a trust over a will for your situation, and if so, why. A good attorney should explain the trade-offs rather than pushing one option as always better.

What to bring to your first meeting

Bring a list of what you own — real estate, bank accounts, investments, vehicles, business interests, and valuable personal property. Bring information about any debts you have. Bring the names and ages of anyone you want to leave money or property to, and the names of people you might want to serve as executor or trustee. If you have minor children, bring their names and ages and think about who you would want to raise them if something happened to you.

Bring any existing estate documents you have — an old will, a previous trust, or powers of attorney from another state. Bring information about any previous marriages or children from other relationships. The more information you have ready, the more efficiently the attorney can understand your situation and explain your options.

Understanding probate and when you might want to avoid it

Probate is the court process that validates a will and oversees the distribution of your estate. In South Carolina, probate can take anywhere from several months to over a year depending on the complexity of your estate and whether anyone challenges the will. During probate, your estate pays court fees and attorney fees, and your will becomes a public record.

A revocable living trust can help you avoid probate because the trust — not your will — holds your property. When you die, the trustee you named simply distributes the property according to the trust document, without going to court. This is faster and keeps your estate private. However, creating a trust costs more upfront than creating a will, so it makes the most sense if your estate is large, your situation is complicated, or privacy is important to you.

Estate planning for blended families and non-traditional situations

If you have children from multiple relationships, a spouse, and stepchildren, estate planning becomes more important because the default rules about who inherits may not match what you want. Without a will or trust, South Carolina law determines who gets your property based on who your closest relatives are — and that might not include a stepchild or a partner you are not married to.

If you are in a long-term relationship but not married, a will or trust is especially important because your partner has no legal claim to your property unless you name them. If you want to leave money to a charity, a friend, or a grandchild instead of your spouse, you need a will or trust to override the default rules. An attorney can explain how to structure your documents so your wishes are clear and legally binding.

Frequently Asked Questions

Do I need a lawyer to write a will or trust?

You can write a simple will yourself using online templates or forms, but an attorney can catch issues you might miss — like whether your will is valid under South Carolina law, whether your executor has the power to do what you want, or whether your tax situation calls for a different approach. For a trust or a complicated estate, an attorney is usually worth the cost because mistakes can be expensive to fix later.

How much does estate planning cost?

A simple will typically costs between a few hundred and a few thousand dollars depending on the attorney and your location. A trust usually costs more because it is more complex. Many attorneys offer flat fees so you know the cost upfront. Call a few firms and ask for their fee range before deciding.

What happens if I die without a will or trust?

South Carolina law determines who inherits your property based on your closest relatives. Your spouse gets some of it, your children get some, and if you have no spouse or children, your parents or siblings inherit. This process is called intestate succession, and it may not match what you would have wanted. Your estate still goes through probate, and it can take longer because the court has to follow the default rules.

Can I update my will or trust after it is signed?

Yes. You can add a document called a codicil to change a will, or you can write a new will that replaces the old one. For a trust, you can amend it or create a new one. Ask your attorney about their process and whether they charge a fee for updates. Some attorneys include one or two updates in the original fee.

What is the difference between a revocable and irrevocable trust?

A revocable trust can be changed or canceled by you at any time while you are alive. An irrevocable trust cannot be changed once it is signed. Revocable trusts are more common for most people because they give you flexibility. Irrevocable trusts are used in specific situations — like protecting assets from creditors or reducing estate taxes — and require careful planning because you cannot undo them.