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Author: Law Office of Gem McDowell, P.A

Risks for Personal Representatives: When Distributing Assets Becomes a Breach of Fiduciary Duty

Oftentimes, a personal representative (executor) in charge of settling a decedent’s estate is also a named heir who may be entitled to assets under the terms of the will. In...

I’m a Personal Representative – Now What? Rights, Roles, Responsibilities, and Risks

An important part of creating a last will is naming a personal representative (executor) to handle matters once the testator or testatrix has died. But what does a personal representative...

What Are Enterprise Goodwill and Personal Goodwill and Are They Marital Assets in SC?

The value of a business is determined by a number of factors, including its income, physical assets like buildings and equipment, and intangible assets like goodwill. But what exactly is...

Same-Sex Marriage in South Carolina After Obergefell

The US Supreme Court made history with the 2015 decision Obergefell v Hodges, ruling that same-sex couples have a right to marry under the Fourteenth Amendment of the Constitution. Before...

At-Will Employment in South Carolina: New Supreme Court Rulings

You may know that South Carolina is an at-will employment state. But what does that really mean? In an at-will employment state, work is presumed to be at-will unless otherwise...

Civil Conspiracy Claims in South Carolina After Abolishing the Todd Rule

The South Carolina Supreme Court has done away with the so-called Todd rule. This comes from the court’s 2021 decision in Paradis v Charleston County School District (find the opinion...

How is Joint Tenants with Rights of Survivorship Created and Severed in South Carolina?

One of the key benefits of holding property with someone as joint tenants with rights of survivorship is that when one cotenant dies, his/her share in the property automatically passes...

What is Inverse Condemnation? How Is It Different from Eminent Domain?

Let’s say a government agency undertakes a construction project that affects your ability to fully enjoy your property and reduces its value, which constitutes a “taking” on the part of...

What Powers Does a Power of Attorney Give Me?

A power of attorney (POA) is a document that authorizes a person (the “agent” or “attorney in fact”) to act on behalf of another person (the “principal”). Different kinds of...

Employee or Independent Contractor? A Closer Look at the Four-Factor Model

How do you know whether a worker in South Carolina should be classified as an employee or an independent contractor? The decision has big consequences for both employer and worker,...
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