Does a trustee have a duty to the beneficiary or to the purpose of the trust? These are often in alignment, and the trustee doesn’t have to choose one over the other. But sometimes they are in conflict, and that’s where issues arise. This is not just an abstract legal [...]
In South Carolina, a trustee of a trust can be removed in one of two ways: either in accordance with the terms of the trust or by a court under state trust law. Below, we’ll look at both in turn. A Trustee Can Be Removed Under State Law South Carolina Code Section 62-7-706 covers the [...]
We covered invoice factoring – the good, the bad, and the predatory – in a previous blog. Below, we’ll look at one of the rare cases involving invoice factoring to make it to the high courts, the 2024 South Carolina Court of Appeals case Associated Receivables Funding, Inc. vs. Classic Industrial Services, Inc. (find it [...]
When a company needs cash fast, one option is to sell its receivables in the form of unpaid invoices at a discount to a third-party business called a factor. The factor collects payment for a fee, and the business gets cash in hand without having to take on debt or put up collateral. Sounds great, [...]
Is a right of first refusal (ROFR) always a good thing? No. Many property owners have found out through bitter experience that a ROFR granting another party first dibs to purchase the property can become a big hindrance. We’ve covered the pros and cons of granting a ROFR to a potential buyer in a previous [...]
Is it smart to include a right of first refusal (ROFR) clause in a contract? Not always. If you’re the property owner/potential seller, think twice before including a ROFR in your contract. The ROFR tends to favor the potential buyer while restraining the seller. Below, we’ll look at what you, as a property owner, should [...]
A new bill to help owners of heirs’ property in South Carolina resolve title issues was signed into law by Gov. McMaster on May 15, 2026. H. 4477 passed unanimously in both the S.C. Senate and the House within the last month and was ratified on May 14. The widespread support for this bill reflects [...]
