A Will can Show the Way: Minding Your Estate

As Richland County coroner, Naida Rutherford often shares information with survivors when a loved one has died unexpectedly. She also knows that the end of a person’s life often is just the beginning of what can be the long — and complicated — life of their estate.

She’s on a crusade to help people avoid those headaches.

“In my first year in office, I had an elderly woman who was around the age of 80 come to our office crying, very upset,” Rutherford recalls. The woman was living out of her car after her husband of 60-some years had died. She didn’t know who the mortgage company was. She also had no idea about any of the banking information. Her husband, she said, had always handled everything.

“That really opened my eyes as to how important it is to have your affairs in order,” Rutherford says.

The issue also is important to AARP South Carolina and State Director Charmaine Fuller Cooper, who notes AARP research that shows only about half of those 50 and older have a will.

FEAR LEADS TO INACTION

Why do so many people hesitate to draw up the end-of-life documents that can make things easier for their loved ones?

“Fear,” Rutherford says. “They feel like if they talk about it, then they’ll die.”

Also, she says, people may feel they aren’t wealthy enough to bother with estate planning. But they still need to make decisions about their assets, as well as name a trusted personal representative to see those decisions through.

The National Institute on Aging has a “getting your affairs in order checklist.” Among the items it recommends and what they do:

• A will, which outlines how assets like money and property should be distributed and may provide for things like pets and funerals. In South Carolina, a will may cost $300 to $1,500, depending on your situation and your assets.
• A durable power of attorney for finances, which designates who you would trust to make decisions about financial matters if you become incapacitated.
• A durable power of attorney for health care, which names a representative — such as a friend or family member — to make decisions on your behalf.
• A living will, which provides instructions for health care emergencies, such as being helpless after an accident or stroke.
• A living trust, which is created to hold and to distribute your money and other assets. The trust also names a trustee to manage the assets. This is a complex and often costly document.

The first three items are the most crucial, says Amy McCulloch, who has been a Richland County probate judge for almost 27 years. As everyone ages, she says, difficult choices invariably arise about what care to provide and decisions to make — particularly as people live long lives.

“Those choices should not be made by a court,” McCulloch says. “They should be made by you.”

While do-it-yourself wills are available online, McCulloch cautions that it’s possible to make mistakes that invalidate them. She recommends using a lawyer for these key documents. For free or reduced-rate services, go to South Carolina Legal Services, at sclegal.org, or the Center for Heirs’ Property, at heirsproperty.org.

The South Carolina Bar offers information on estate planning in an online handbook for older residents. Go to scbar.org and under For the Public select Get Legal Help, and then scroll to Resources for Seniors. For a lawyer referral, call weekdays at 803-799-7100.

Rutherford followed her own advice and had her affairs in order when she needed breast cancer surgery in 2022.

“I had already started, but it gave me the extra push,” she says. “And I tell people, don’t wait for a diagnosis. Don’t wait for the bad news.... Go ahead and do it today.”

Linda H. Lamb is a Michigan-based writer who has reported for the Bulletin on many issues involving AARP in South Carolina, where she lived for more than 35 years.

MORE ON ESTATE PLANNING

• Personal Estate Planning Kit
• How to Stop Stalling