South Carolina H 4264: Tuition exemptions

Bill Text

2025-2026 Bill 4264 Text of Previous Version (Mar. 27, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4264

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA ENHANCED LIFE ESTATE DEED 
ACT" BY ADDING PART 5 TO ARTICLE 6, TITLE 62, SO AS TO ESTABLISH AN ENHANCED 
LIFE ESTATE DEED AND TO PROVIDE FOR PROCESSES AND PROCEDURES RELATED TO SUCH 
LIFE ESTATE DEED.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 6, Title 62 of the S.C. Code is amended by 
adding:

PART 5

South Carolina 
Enhanced Life Estate Deeds

 Section 
62-6-500. This part shall be known as the "South Carolina Enhanced Life Estate 
Deed Act."

 Section 
62-6-510. This part establishes an enhanced life estate deed, also known as a "Lady 
Bird deed," which shall permit a grantor to transfer real property to one or 
more designated remainder beneficiaries upon the grantor's death. Such transfer 
shall be effective by reason of this part and is not testamentary or subject to 
Articles 1 through 4 of this title (estate administration).

 Section 
62-6-520. For purposes of this part:

 (1) "Enhanced 
life estate deed" means a revocable trust instrument created pursuant to the 
provisions of this part that designates real property to pass to one or more remainder 
beneficiaries upon the grantor's death with the grantor retaining full control 
over the designated real property during the grantor's lifetime.

 (2) 
"Grantor" means the person who establishes an enhanced life estate deed and 
transfers real property into it.

 (3) "Remainder 
beneficiary" means the person or entity designated to receive real property 
pursuant to an enhanced life estate deed upon the grantor's death.

 (4) "Trustee" 
means the person or entity responsible for managing the enhanced life estate 
deed. A grantor may be the trustee during the grantor's lifetime.

 Section 
62-6-530. A grantor may establish an enhanced life 
estate deed by executing a written revocable trust instrument. An enhanced life 
estate deed must contain, at a minimum, the following:

 (1) 
a statement that the trust is an enhanced life estate deed, a Lady Bird deed, or 
clearly states its intent to operate under this part;

 (2) 
designates a trustee;

 (3) 
specifies one or more remainder beneficiaries to receive the real property in 
the enhanced life estate deed upon the grantor's death;

 (4) 
reserves to the grantor full control over the real property in the enhanced 
life estate deed; and

 (5) 
a statement that the enhanced life estate deed is revocable during the grantor's 
lifetime.

The grantor must execute and 
record an enhanced life estate deed with the register of deeds or clerk of 
court, as appropriate, in each county where the real property is situated.

 Section 
62-6-540. (A) During the grantor's 
lifetime, the grantor shall retain full control of the real property in the 
enhanced life estate deed. This shall include, but not be limited to:

 (1) 
full use and enjoyment of the property;

 (2) 
the right to sell, mortgage, lease, or otherwise encumber the property;

 (3) 
the right to revoke or amend the enhanced life estate deed, including changing 
remainder beneficiaries;

 (4) 
the right to withdraw the property from the enhanced life estate deed; and

 (5) 
the right to terminate the enhanced life estate deed.

 (B) Any 
action taken by the grantor pursuant to subsection (A) shall not require the 
consent of any remainder beneficiary or the trustee if the trustee is someone 
other than the grantor.

 Section 
62-6-550. (A) If the grantor is 
designated as the trustee, no separate trustee duties apply to a named 
successor trustee during the grantor's lifetime, except as provided in 
subsection (B).

 (B) In 
the event a successor trustee is named upon the grantor's death or incapacity, 
that trustee shall: (1) distribute the remaining property to the remainder 
beneficiaries as specified in the enhanced life estate deed; or

 (2) 
manage the property in the enhanced life estate deed according to the terms of 
the enhanced life estate deed if distribution is delayed.

 Section 
62-6-560. (A) The property held in 
an enhanced life estate deed at the time of the grantor's death shall pass 
directly to the remainder beneficiaries without the need for probate 
proceedings.

 (B) The 
property held in an enhanced life estate deed shall not be subject to claims by 
the grantor's creditors unless the enhanced life estate deed was created with 
the intent to defraud creditors.

 Section 
62-6-570. (A) The grantor shall retain 
eligibility for any homestead property tax exemptions applicable under South 
Carolina law during the grantor's lifetime, provided the grantor continues to 
reside in the property.

 (