Catherine H. Kennedy

With experience from both sides of the bench, Cathy Kennedy is recognized throughout South Carolina for her expertise in probate and trust matters. From 1987 to 1999, Cathy served as the probate court judge in Columbia, S.C., one of the largest probate courts in the state. Since 2000, she has been in the private practice of law. During that time, she counseled clients and crafted plans that achieved their goals during their lifetimes and at death, avoided potential disputes and minimized tax ramifications. She also represented individuals and fiduciaries in complicated probate and trust matters in both uncontested and contested cases.

Cathy Kennedy has testified before the legislature on changes in South Carolina probate and trust law. She served on the South Carolina Trust Code committee and chaired the South Carolina Probate Code committee that recommended changes in the law, which became effective in 2014 and 2016.

Cathy is currently scaling down her practice and is primarily focusing on serving as an expert witness and as a mediator. Knowing how litigation can damage relationships, Cathy served on the task force to implement mediation in the probate courts and takes great satisfaction in moving parties toward restoration of family bonds.

Cathy has been elected to membership in the American College of Trust and Estate Counsel, a national invitation-only organization recognizing attorneys with exceptional skill and expertise in trust and estate matters. For 20 years, she was a SC Supreme Court Certified Specialist in Probate and Estate Planning until the reduced scale of her practice caused her to no longer qualify as a specialist. She is a former member of the Probate and Estate Planning Specialization Advisory Board and a past chair of the Probate, Estate Planning and Trust Section of the South Carolina Bar. Having served as a past member of the South Carolina Bar's House of Delegates and its Board of Governors, she presently serves on the Executive Council of the Senior Lawyers Division. She is President of the Senior Lawyers Division from 2024 –2025 and again serves on the SC Bar’s Board of Governors.

Cathy is a lifelong resident of Columbia. She is a member of the First Presbyterian Church of Columbia and serves as a Deacon. An avid gardener, she is a past president of the Columbia Garden Club, has chaired the Board of the Columbia Garden Club Foundation, and is a past president of Columbia Green, a non-profit organization that seeks to beautify the greater Columbia area. She is a former member of the Columbia Rotary Club and the Board of Central Carolina Community Foundation, having chaired its Community Impact Committee.

Probate Litigation

Counseled wife when husband’s estate no longer had assts to satisfy her agreed-upon share under the parties’ pre-marital agreement Ultimately wife was able to obtain sufficient assets to fund her lifestyle.
Guided litigation to establish the decedent's long-time partner as the same-sex common law spouse.
Represented a national bank serving as fiduciary in seeking a declaration of the appropriate beneficiary of a charitable trust when the beneficiary's function changed over time.

Probate Administration

Assisted a personal representative in seeking a court determination of the heirs and shares of a 95-year-old woman who died without a will, leaving 35 heirs at law.
Advised clients on the intricacies of closing out a loved one's affairs, including estate tax and income tax consequences, paying creditors and transferring assets according to the will or South Carolina intestacy law.
Assisted corporate entities, creditors and individuals in obtaining payment of their portions under a Will or Trust

Wealth Planning

Regularly counseled individuals in ordering their affairs, re-titling assets and creating entities and documents to minimize exposure to creditors during life and to accomplish their personal objectives at death.
Prepared supplemental needs trusts to enable family members to provide assets for a disabled person while protecting the disabled person's ability to receive governmental benefits.
Negotiated and drafted pre-nuptial and post-nuptial agreements to accomplish marital goals and to consider spousal rights during life and at death.

University of South Carolina School of Law, J.D., 1981
University of South Carolina, B.A., 1972

South Carolina Bar, 1981
United States District Court, District of South Carolina, 1982
United States Court of Appeals for the Fourth Judicial Circuit, 1982
United States Supreme Court, 2002

American College of Trust & Estate Counsel, Fellow
Board of Governors of the South Carolina Bar, 2016-2019, 2024 - present
South Carolina Bar House of Delegates, 2002 - 2023
SC Bar Senior Lawyers Division, Executive Council, 2020
SC Bar Conventions Committee, Member, 1995-1997, 2006-Present
SC Bar CLE Committee, Member, 1992-1998, 2005-2015
SC Bar Elder Law Committee, Member, 2004-2000
Probate, Estate Planning and Trust Law Section Council, 2006-2014; Chair,
2011-2012
South Carolina Supreme Court Commission on CLE and Specialization - Estate Planning and Probate Specialization Advisory Board Member, 2005-2010

Supreme Court of South Carolina, Certified Civil Court Mediator, 2000-Present
South Carolina Supreme Court, Specialist in Estate Planning and Probate Law, 2004-2024
Best Lawyers in America, Trusts and Estates, 2006-2024
South Carolina Super Lawyers, Estate Planning and Probate, 2009-2024
Best Lawyers in America, Litigation: Trust and Estates, 2017-2024
Midlands Legal Elite, Tax & Estate, 2020
University of South Carolina Platinum Compleat Lawyer Award (2020)
Martindale-Hubbell® Peer Review Rating™-AV®
SC Lawyers Weekly, Leadership in Law Award, 2014
Influential Women in Business- Executive Finalist, 2013
Bar Register of Preeminent Women Attorneys
Best Lawyers' Columbia, SC Trusts & Estates Lawyer of the Year, 2013, 2016, 2021
Fortune Magazine Legal Leaders', Woman Leader in the Law, 2015

Articles

"A Practical Guide to Elder and Special Needs Law in South Carolina-Second Edition,” a publication of the South Carolina Bar, February 2021, co-author.
"2013 Amendments to the S.C. Probate Code," published in SC Lawyer, a publication of the South Carolina Bar, 2014. co-author
A Practical Guide to Elder and Special Needs Law in South Carolina, a publication of the South Carolina Bar, 2014, contributing author

Presentations & Speaking Engagements

"Non-Probate Transfers," South Carolina Bar, annually 2013-2021
"Probate Administration in South Carolina," South Carolina Bar, annually 2013-2021
"SC Power of Attorney Act," ACTEC Southeast Regional Meeting, 2018
"Mediation in the Probate Court," South Carolina Bar, annually 2013 -2018
"SC Alternatives Causes of Action to a Will Contest," "ACTEC Southeast Regional Meeting, 2017
"SC Power of Attorney Act," Corporate Banking And Securities Law Section of the SC Bar, 2017
"Estate Law Changes - What You Need to Know Professionally and Personally," Richland County Bar Association, 2016
"Changes to the South Carolina Probate Code," South Carolina Probate Judges' Association, Columbia Tax Study Group; S.C. Association of CPA's; South Carolina Bar; Charleston Estate Planning Council, 2013; Burkett CPA Seminar; SC Bar Convention; Orangeburg County Bar; Columbia Bank Counsel, 2014
"Considerations in Delayed Probate," South Carolina Bar, 2013.
"Considerations Before Opening an Estate," South Carolina Bar, 2012
"Selected Issues Regarding Creditors' Claims Under the South Carolina
Probate Code," South Carolina Probate Judges' Association, 2009
"Asset Protection Planning for Professionals," Columbia Medical Society, 2007

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