“I’ll get to it later” is a recipe for problems

Estate planning is often treated as something to “get to later.” In my 23 years of practicing law in South Carolina, I can tell you plainly: later is where problems begin. At its core, a thoughtful estate plan is not about paperwork—it’s about control. Without a good plan, you can encounter many problems.

Avoiding probate costs and delays: Probate court is a public, time-consuming, and sometimes expensive process. Even in straightforward cases, it can take months. In more complicated situations, it can stretch into years. Court fees, attorney fees, executor commissions, and administrative costs all chip away at what you intended for your loved ones. Proper planning—particularly through the use of trusts—can allow many assets to pass outside of probate entirely. That means faster access, more privacy, and significantly reduced expense.

Preventing family disputes: Money has a way of amplifying tensions, especially in times of grief. When intentions are unclear or assets are distributed outright without guidance, there is no mandated oversight or disclosure of receipts, disbursements and distributions to family during any period of incapacity, then disagreements can quickly escalate into lasting divisions. A well-drafted estate plan removes ambiguity. It answers questions before they’re asked and reduces the opportunity for conflict. In many cases, it preserves not just wealth, but relationships.
Minimizing taxes and preserving wealth: Without planning, estates may face avoidable tax consequences. While not every family will encounter significant estate taxes, poor structuring can still result in unnecessary financial loss. Strategic planning ensures that assets are transferred efficiently, preserving more for the next generation.

Keeping assets in the family: One of the most overlooked risks is what happens after your assets are distributed. Once an inheritance is given outright, it becomes subject to that beneficiary’s circumstances—creditors, lawsuits, divorce, or poor financial decisions. Trusts provide protection. They allow you to direct how and when assets are used, rather than simply handing them over.

Consider, for example, Max and Felicia, a married couple with two children: Frankie and Julie. Frankie has special needs. Without proper planning, an inheritance could unintentionally disqualify Frankie from essential government benefits. A carefully structured special needs trust would allow Frankie to receive financial support without jeopardizing those benefits.

Julie is married to Jake, and Max and Felicia have serious concerns about him. If they leave Julie her inheritance outright, those assets could become entangled in a divorce or mismanaged.

Instead, they establish a trust for Julie that includes a spendthrift clause. This provision prevents most creditors—and even a spouse—from accessing the trust assets. It also allows a trustee to manage distributions responsibly, ensuring Julie benefits from the inheritance while keeping it protected.

What are the benefits of this structure?
• Frankie is cared for without losing critical support from government benefits

If you care about what happens to your loved ones—and to what you’ve worked hard to build—the best time to act is before there’s a problem.

Mark F. Winn, J.D., Master of Laws (LL.M.) in estate planning, is a local asset protection, estate and elder law planning attorney. mwinnesq.com