Your state's pack. New issue every Monday. Bookmark it. I built this for the South Carolina T&E solo who knows the Probate Code cold but still loses an afternoon a week tracking the moving Healthy Connections pieces.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments I think actually matter to a South Carolina T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.
Under S.C. Code Ann. § 43-7-460, SCDHHS files a claim in the probate estate of a recipient who was 55+ (or any age in an institution at death); recovery is deferred for a surviving spouse or a child under 21 or blind/disabled, and SCDHHS pursues estates over $25,000 with claims over $500.
This is the structural fact a SC Medicaid plan is built around. A funded living trust keeps the home out of the probate estate the State reaches; the trap is the unfunded trust.
S.C. Code Ann. § 43-7-460 · scstatehouse.gov · scdhhs.gov/estate-recovery
A 2024 law added TOD for titled personal property, but the real-property TOD bill (2025–2026 S 49, proposing Code § 27-1-80) was not enacted as of this issue. SC real estate still passes by deed, survivorship, trust, or probate.
Don’t reach for a TOD/beneficiary deed for SC real estate — it doesn’t exist yet. Lady Bird (enhanced life estate) deeds and trust funding are the workhorses; watch S 49.
S.C. 2025–2026 S 49 (pending) · scstatehouse.gov/sess126_2025-2026/bills/49.htm
Maximum CSRA is $162,660 (minimum $32,532); the 300%-FBR institutional income cap is $2,982/mo; South Carolina applies the lower $752,000 home-equity limit.
Two places this lands: community-spouse protection math and Community Choices waiver applicants near the income/equity lines. Flag the OBBBA flat $1,000,000 equity cap (eff. Jan 1, 2028) now.
42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)
This week in South Carolina for the T&E solo with Medicaid-planning clients: what the SC Bar, the Probate Courts, and SCDHHS bulletins put in front of you.
The SC Bar CLE calendar, the Probate, Estate Planning & Trust Section, and the SCDHHS notices all publish on different schedules. This is that sift, already done, with the link on each item.