What to Know About Dunes Law Firm's Wills, Trusts, and Probate Services
Dunes Law Firm handles wills, trusts, and probate matters for South Carolina residents
Dunes Law Firm is a South Carolina law practice that works with clients on estate planning, trust administration, and probate proceedings. The firm serves individuals and families across the state who need legal guidance on transferring assets, managing estates after death, and navigating the probate court system. If you are considering a will, setting up a trust, or handling an estate, understanding what a law firm like Dunes can do—and what the process typically involves—helps you decide whether to seek their counsel.
Estate planning and probate are not one-size-fit-all matters. The right approach depends on your assets, family situation, tax circumstances, and goals for what happens to your property. A law firm's role is to explain your options, draft the documents you choose, and represent you through court proceedings if needed.
Key Takeaways
- Dunes Law Firm works on wills, trusts, and probate cases—three related but distinct areas of estate law in South Carolina.
- A will goes through probate court after you die; a trust can avoid probate and may offer privacy and tax benefits depending on how it is structured.
- Probate is the court process that validates a will, inventories assets, pays debts, and distributes what remains to heirs—it typically takes several months to over a year.
- An attorney helps you understand which tools fit your situation and handles the legal paperwork and court filings on your behalf.
Wills and what happens after you sign one
A will is a written document that names who inherits your property and who manages your estate after you die. In South Carolina, a will must meet specific requirements—it must be in writing, signed by you, and witnessed by two people who are not beneficiaries. Once you sign it, the will sits until your death, at which point it enters probate court.
Probate is the court process that follows. A judge confirms the will is valid, an executor (the person you named to manage the estate) is appointed, assets are inventoried and valued, debts and taxes are paid, and remaining property goes to the people you named. This process is public—anyone can look at the court file—and it costs money in court fees and often attorney fees. In South Carolina, probate typically takes six months to over a year, depending on the estate's complexity and whether anyone contests the will.
A will does not avoid probate, but it does let you control who gets what and who manages the process. Without a will, South Carolina law decides who inherits based on a fixed order (spouse, then children, then parents, and so on), and the court appoints an administrator you did not choose.
Trusts as an alternative or addition to a will
A trust is a legal arrangement where you (the grantor) transfer property to a trustee, who holds and manages it for the benefit of named people (beneficiaries). Unlike a will, a trust takes effect while you are alive and can continue after you die. Trusts come in many forms, and the type matters for taxes, probate, and control.
A revocable living trust is the most common tool for avoiding probate. You create it, transfer your assets into it, name yourself as trustee (so you keep control), and name a successor trustee to take over if you become unable or die. When you die, the successor trustee distributes the trust property to your beneficiaries without going to court. This avoids probate delays and keeps the distribution private. The trade-off is that setting up and funding a trust requires more work upfront than writing a will.
An irrevocable trust cannot be changed or undone once created. It is often used for tax planning, protecting assets from creditors, or may have access to for government programs like Medicaid. Because you give up control, it is a more complex decision and usually requires specific goals.
Many people use both a will and a trust. The trust holds major assets and avoids probate for those; the will (called a "pour-over will") catches anything left out of the trust and names a guardian for minor children.
What probate involves and why it takes time
Probate is a court-supervised process, and each step has legal requirements and timelines. After someone dies, the will is filed with the probate court, and the executor petitions to be appointed. The court issues a notice to heirs and creditors. Creditors have a set window (usually four months in South Carolina) to file claims against the estate. The executor inventories all assets, gets them appraised if needed, and reports to the court. Debts, taxes, and court costs are paid. Only then can the remaining property be distributed.
If the will is contested, if assets are hard to value, if there are tax issues, or if creditors file claims, probate stretches longer. An attorney helps the executor meet deadlines, file required documents, and handle disputes. The executor is personally liable for mistakes, so having legal guidance protects both the executor and the beneficiaries.
When to talk to an estate planning attorney
You do not need an attorney to write a will—online templates and DIY kits exist—but an attorney catches problems a template might miss. If you own real estate, have a business, have significant assets, have minor children, are in a blended family, or want to minimize taxes, an attorney's input is usually worth the cost. An attorney also makes sure your will and other documents (like beneficiary designations on retirement accounts) work together.
If you are already handling an estate as an executor or administrator, an attorney can guide you through probate, help you understand your duties, and represent you in court if disputes arise. Many people find that the cost of an attorney is less than the cost of mistakes.
How to reach Dunes Law Firm
Dunes Law Firm is based in South Carolina and works with clients on estate planning and probate matters. To learn about their services, fees, and how they approach your specific situation, contact the firm directly. Most law firms offer an initial consultation—sometimes free, sometimes for a fee—where you can discuss your needs and decide whether to hire them.
When you call or meet, be ready to describe your assets, family structure, and what you hope to accomplish. Bring any existing wills, trusts, or estate documents if you have them. The attorney will explain your options and what each one costs and takes.
Frequently Asked Questions
What is the difference between a will and a trust?
A will is a document that takes effect after you die and goes through probate court. A trust takes effect while you are alive, can avoid probate, and offers more privacy. Many people use both: the trust holds major assets, and the will catches anything left out and names a guardian for children.
Do I need probate if I have a trust?
Not for assets titled in the trust's name. However, if you own property outside the trust or have a will, those assets may still go through probate. An attorney helps you title assets correctly so the trust works as intended.
How much does it cost to set up a will or trust?
Costs vary by the attorney and the complexity of your situation. A simple will may cost a few hundred dollars; a trust and full estate plan may cost more. Ask Dunes Law Firm for a fee estimate before you hire them. Some attorneys charge a flat fee for estate planning; others bill by the hour.
What happens if I die without a will or trust?
South Carolina law determines who inherits based on a fixed order: spouse, children, parents, and so on. Your estate still goes through probate, but the court appoints an administrator you did not choose, and you have no say in how property is distributed.
Can I change my will or trust after I sign it?
Yes. You can amend a will with a document called a codicil, or you can write a new will. A revocable trust can be changed anytime while you are alive and able. An irrevocable trust cannot be changed. Talk to an attorney before making changes to make sure the new document is valid and does what you intend.