Michael B. Burrell: Estate Planning Attorney in South Carolina

Who Michael B. Burrell is and what he does

Michael B. Burrell is an estate planning attorney based in South Carolina who helps individuals and families structure their wills, trusts, and other documents to protect assets and clarify what happens to property after death. His practice focuses on the legal documents and strategies that let you control how your estate is handled, who receives what, and who makes decisions if you become unable to manage your affairs.

Estate planning law covers more than just wills. It includes trusts, powers of attorney, healthcare directives, and strategies to reduce taxes or protect assets from creditors. Burrell's work in this field means he understands South Carolina's specific laws about probate, inheritance, and how to structure documents so they hold up in court and actually do what you intend.

Key Takeaways

• Michael B. Burrell practices estate planning law in South Carolina, handling wills, trusts, powers of attorney, and healthcare directives.
• Estate planning documents let you decide who inherits your property, who manages your affairs if you cannot, and how your estate avoids probate if that is your goal.
• South Carolina has specific rules about how wills must be written, how trusts work, and what happens to property if you die without a plan.
• An attorney who knows South Carolina law can structure your documents so they accomplish what you want and stand up if anyone challenges them later.

What estate planning documents do

A will is the most basic document. It names who gets your property, who manages your estate (called an executor), and who cares for minor children. Without a will, South Carolina law decides who inherits based on a fixed order—spouse first, then children, then parents—regardless of what you would have chosen.

A trust lets you transfer property into a legal entity during your lifetime or after death. Trusts can avoid probate, keep your affairs private, manage property for beneficiaries who cannot manage it themselves, and sometimes reduce estate taxes. They are more complex than wills but offer more control and flexibility.

Powers of attorney let you name someone to handle financial or legal matters if you become unable to do so. A healthcare power of attorney names someone to make medical decisions. These documents take effect while you are alive, unlike a will, which only works after death.

A healthcare directive (also called a living will) tells doctors what kind of medical care you want if you cannot communicate—whether you want life support, organ donation, and other end-of-life choices. South Carolina recognizes these documents and uses them to guide medical decisions.

Why South Carolina law matters for your documents

Each state has different rules about how wills and trusts must be written to be valid. South Carolina requires wills to be signed in front of two witnesses, and both witnesses must sign in your presence. If your will does not follow this rule, a court may refuse to recognize it, and your property will be divided according to state law instead of your wishes.

South Carolina also has specific rules about probate—the court process that proves a will is valid and transfers property to heirs. Some estates can use a simpler probate process if the property is small enough. Trusts, by contrast, avoid probate entirely because the property is already owned by the trust, not by you personally.

An attorney who practices in South Carolina knows these rules and can make sure your documents are written correctly, witnessed properly, and structured to accomplish your goals under state law. This matters because a document that works in another state might not work here, and a document that is not properly signed might be challenged by family members or creditors.

Common reasons people work with an estate planning attorney

People often seek estate planning help when they have significant assets, own property in more than one state, have children from multiple relationships, or want to leave money to grandchildren or charitable causes. Others plan because they want to avoid probate, keep their affairs private, or make sure someone they trust will handle their finances if they become ill or incapacitated.

Business owners frequently need estate planning to decide what happens to the business after death—whether it passes to family, is sold, or is managed by a successor. Parents of minor children need to name a guardian and decide how money is managed until children reach adulthood. People with significant medical needs or disabilities may want trusts that provide ongoing care and support.

Even people with modest assets benefit from having a will or healthcare directive, because without one, family members may end up in court disputes or unable to make medical decisions quickly. An attorney can help you understand which documents matter most for your situation.

How to find and work with an estate planning attorney

If you are looking for an estate planning attorney in South Carolina, you can search the South Carolina Bar's lawyer directory online, which lets you filter by practice area and location. You can also ask for referrals from your accountant, financial advisor, or trusted friends who have done estate planning.

When you contact an attorney's office, ask whether they offer a consultation—many do at no charge or for a flat fee—so you can discuss your situation and understand what documents you need. Bring information about your assets, family structure, and any specific concerns, like protecting a child with special needs or planning for a family business.

Estate planning fees vary. Some attorneys charge a flat fee for a will or trust, while others charge hourly rates. Ask about the fee structure upfront so you understand what you will pay and what is included. The cost of planning now is usually far less than the cost of probate, family disputes, or medical decisions made without your input later.

What happens if you do not have a plan

If you die without a will or trust, South Carolina law decides who inherits your property in a fixed order: your spouse (if you have one), then your children, then your parents, and so on. This order might not match your wishes. If you have no spouse or children, your property might go to distant relatives you barely knew, or to the state if no relatives can be found.

Without a plan, your estate goes through probate, which is a court process that takes time and costs money. Your family may have to post a bond, file documents with the court, and wait months or longer for property to be transferred. Your financial affairs become public record, and creditors have time to file claims against your estate.

If you become unable to manage your affairs and have no power of attorney, your family may have to go to court to get guardianship or conservatorship—a more expensive and invasive process than naming someone in a document beforehand. Healthcare decisions may be delayed or made by people you would not have chosen.

Frequently Asked Questions

Do I need an attorney to write a will?

South Carolina does not require an attorney to write a will, but an attorney can make sure it is written correctly, witnessed properly, and structured to accomplish your goals. DIY wills or online templates sometimes miss state-specific requirements or do not account for your particular situation, which can lead to disputes or the will being rejected by a court.

What is the difference between a will and a trust?

A will goes through probate court after you die and becomes public record. A trust avoids probate, keeps your affairs private, and can take effect during your lifetime to manage property if you become unable to do so. Trusts are more complex and usually cost more upfront, but they offer more control and privacy.

Can I change my will or trust after I sign it?

Yes. You can change a will by signing a new will or a document called a codicil that amends it. Trusts can usually be changed or revoked if you set them up as revocable trusts. Once you sign a new document, make sure the old one is destroyed or clearly marked as void so there is no confusion about which version is current.

What if my family disagrees with my will after I die?

Family members can challenge a will in probate court if they believe it was not signed correctly, you were not of sound mind, or someone pressured you to sign it. Having a will that is properly signed, witnessed, and clearly expresses your wishes makes challenges less likely. An attorney can also include a no-contest clause that discourages challenges.

How often should I update my estate plan?

Review your plan every few years or after major life changes—marriage, divorce, birth of children or grandchildren, significant changes in assets, or moves to another state. South Carolina law does not require updates, but changes in your life or wishes may mean your current documents no longer reflect what you want.