4 Legal Moves Every Newlywed Couple Should Make in South Carolina
It’s wedding season here in Myrtle Beach. While most people are prioritizing flower arrangements and securing a venue, other aspects of your to-do list are a bit more serious than the perfect color scheme. Marriage is more than a celebration. It’s a life-changing legal contract—literally. As a newlywed couple starting your life together, it’s important to make sure your legal documents reflect your new status. Taking care of these foundational steps now can give you peace of mind and protect your future as you and your new family continue to grow.
Here are five essential legal moves every newlywed couple should make in South Carolina:
1. Update or Create Your Will
Many couples assume estate planning is something to tackle much farther down the road. However, the earlier you can plan, the better. If you don’t have a will, South Carolina’s intestacy laws determine who inherits your property, and it might not align with your wishes. Creating or updating your will allows you to introduce your new spouse as a primary beneficiary.
Not only that, but creating or updating a will allows you to appoint an executor you both trust, now that you’re a team. Also, if you are introducing children either from a previous marriage or down the line, updating your will allows you to make special plans for children or pets in the event of unforeseen circumstances. A will also allows you to nominate a person you both trust as guardian of your minor children if you pass away.
2. Review Beneficiary Designations
Your will doesn’t control everything. Assets like life insurance, retirement accounts, and bank accounts with “payable on death” clauses pass directly to the named beneficiary. This is regardless of what your will says. If you want the money from these accounts to go to your beneficiaries in installments, rather than outright, having a trust allows you to dictate how the beneficiary receives their portion.
Be sure to update any 401(k) and IRA accounts, life insurance policies, and investment and bank accounts that you wish to go to your new spouse or family. A quick review now can avoid unintended outcomes down the road.
3. Consider a Power of Attorney
While no one wishes for an accident so early in life, things can happen quickly. It pays to be prepared. Establishing a durable power of attorney (POA) gives your spouse the ability to make financial decisions on your behalf.
This includes paying bills, managing property, and handling legal matters. Without it, your spouse could face delays or court involvement during a time when they simply cannot afford it.
Healthcare Power of Attorney and Living Will
Your healthcare power of attorney is different from a basic POA. A healthcare power of attorney allows your spouse to make medical decisions for you if you’re unable to speak for yourself. Also, a living will outlines your preferences for life-sustaining treatment in the event you are in a long-term coma or vegetative state.
These documents ensure your wishes are followed and reduce the burden on your loved one during emergencies.
4. Review Property Titles
Did you buy a home before marriage? Or plan to purchase one together now? It’s important to ensure your deed reflects how you want to own the property. Property ownership affects everything from inheritance rights to tax benefits. In South Carolina, there are a few ways couples can legally hold title:
- Tenants in common – his form of ownership allows each spouse to own a specific share of the property. These shares do not have to be equal, and when one spouse passes away, their share doesn’t automatically transfer to the other. Instead, it goes to whoever is named in their will. This is ideal for blended families or couples who contribute unequally to the purchase.
- Joint tenancy with right of survivorship – This type of title allows the surviving spouse to automatically inherit the deceased spouse’s share of the property without it going through probate.
- Tenants in Common with Indestructible Survivorship Rights – Similar to Joint Tenancy, this type of ownership also allows the surviving spouse to inherit the deceased spouse’s share without probate. It also adds additional protection by requiring both spouses to sign off on any transfer of ownership interest while both spouses are living. This right cannot be severed by a court order; only by both spouses signing and agreeing to transfer the property.
The right structure depends on your goals for inheritance and asset protection.
A Newlywed Couple Can Trust Grand Strand Law Group
Changing your name, purchasing a home, and starting a life as a newlywed couple is a beautiful experience. Marriage is a fresh start, and Grand Strand Law Group is here to help you protect it. Our experienced attorneys can guide you through estate planning, real estate matters, and more, so you can focus on building your life together with confidence.
We work to make the process as smooth as possible. Give us a call at 843.492.5422. Learn about how we can help with estate planning now or in the future.