Q: When a person dies without a will and has established a living trust, does the trust effectively become the will in SC?
If the trust is unfunded, then all of the decedent’s assets that do not have beneficiary designations become part of the decedent’s probate estate and, having no will, the decedent’s estate will be governed by the laws of intestate succession.
This demonstrates a classic estate planning mistake, which is to create a trust and then not put anything in it. I see a lot of people with unfunded DIY trusts. Some have attorney-drafted trusts but the attorney was running a trust mill and the price was super cheap because assistance with funding was not included.
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