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Author: Law Office of Gem McDowell, P.A

How to Disinherit a Spouse in South Carolina Through Elective Share Waiver (Or: Pillow Talk Is Not Enforceable)

A lady came to our offices for help with her estate plan which included setting up a new trust to hold her assets. She planned to leave everything to her...

The FTC’s Proposed Final Noncompete Rule: What It Means for South Carolina

*This blog will be updated with new information as it becomes available* The Federal Trade Commission (FTC) released its final proposed rule on noncompetes on Tuesday, April 23, 2024. If...

What Makes an Arbitration Agreement Unenforceable?

Is it easy to get out of arbitration in South Carolina? That’s the question we’ll look at today. Arbitration agreements and clauses are ubiquitous these days, from employment contracts to...

SC Employers Are Liable for Negligent Selection of Contractors: Understanding Ruh

“Under South Carolina law, can an employer be subject to liability for harm caused by the negligent selection of an independent contractor?” This was the certified question posed to the...

South Carolina Rejects the Mortgage Replacement Doctrine

The Supreme Court of South Carolina rejected the mortgage replacement doctrine in the 2023 case ArrowPointe Federal Credit Union v. Bailey (PDF), upholding the decision of the SC Court of...

What is a Lady Bird Deed? Are Lady Bird Deeds Legal in South Carolina?

A lady bird deed, like other kinds of deeds, determines how ownership of a property is transferred and to whom. It’s similar to a life estate deed in that it...

What Is the Legal Rate of Interest in South Carolina in 2024?

On January 4, 2024, the Supreme Court of South Carolina issued an order regarding interest rates on money decrees and judgments for the next twelve months. The legal rate of...

Are You Responsible for Your Spouse’s Debts?

Are you responsible for your spouse’s debts? It depends. Generally, you are not responsible for any debts your spouse brings into the marriage. As for debts incurred during the marriage,...

What is a Right of First Refusal and When Is It Enforceable?

The right of first refusal sounds simple on the surface. A right of first refusal (ROFR) gives the right-holder the opportunity to enter into a business transaction with another party...

What is Family Malpractice™, and Have You Committed It?

Updated April 2024 Have you committed Family Malpractice™? If you’ve neglected your legal responsibilities regarding your family, then yes, you have. What is Family Malpractice™? You’ve heard of attorney malpractice,...
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