Catherine H. Kennedy

With experience on both sides of the bench, Cathy Kennedy is widely recognized throughout South Carolina for her depth of knowledge in probate and trust matters. Cathy served as probate court judge in Columbia, South Carolina - one of the largest probate courts in the state – from 1987 to 1999. Once in private practice, her work has centered on advising clients in the development and implementation of estate plans designed to achieve personal and financial objectives, minimize tax exposure, and reduce the potential for disputes. Her experience also includes guiding fiduciaries and beneficiaries through complex probate and trust administration matters. With her current scaled-down practice, Cathy serves mostly as an expert witness and mediator in probate and estate planning matters.

Cathy is a Fellow of the American College of Trust and Estate Counsel (ACTEC), an invitation-only national organization recognizing attorneys with exceptional expertise in trust and estate law. For 20 years, she was certified as a specialist in Probate and Estate Planning by the South Carolina Supreme Court. Her professional leadership includes service on the Probate and Estate Planning Specialization Advisory Board and as past chair of the Probate, Estate Planning and Trust Section of the South Carolina Bar.

Active in the legal community, Cathy serves on the Executive Council of the South Carolina Bar’s Senior Lawyers Division, where she was President from 2024 to 2025. Her service also includes roles in the South Carolina Bar House of Delegates and on the Bar’s Board of Governors.

A lifelong resident of Columbia, Cathy is engaged in numerous civic and community organizations. She is a member and deacon of First Presbyterian Church of Columbia and has held leadership roles in several nonprofit organizations, including serving as past president of the Columbia Garden Club and Columbia Green. She currently serves on the Board of Central Carolina Community Foundation.

PR AV

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

Best Lawyers in America, Litigation: Trust and Estates, 2017-2026
South Carolina Super Lawyers, Estate Planning and Probate, 2009-2024
Best Lawyers in America, Trusts and Estates, 2006-2024
South Carolina Supreme Court, Specialist in Estate Planning and Probate Law, 2004-2024
Supreme Court of South Carolina, Certified Civil Court Mediator, 2000-Present
South Carolina Bar Association, President of the Senior Lawyers Division, 2024
Best Lawyers' Columbia, SC Trusts & Estates Lawyer of the Year, 2013, 2016, 2021
University of South Carolina Platinum Compleat Lawyer Award, 2020
Midlands Legal Elite, Tax & Estate, 2020
Fortune Magazine Legal Leaders', Woman Leader in the Law, 2015
SC Lawyers Weekly, Leadership in Law Award, 2014
Influential Women in Business- Executive Finalist, 2013
Bar Register of Preeminent Women Attorneys
Martindale-Hubbell® Peer Review Rating™-AV®

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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