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Author: Law Office of Gem McDowell, P.A

Transmutation: When Non-Marital Property Becomes Marital Property

Consider this: Sandra and James have been married for 25 years. Once they were married, she gave up her job to become a stay-at-home mom. When the kids were old...

How to Determine 1099 or W-2 Status According to the IRS

Update, 02/15/2023: The Department of Labor’s Wage and Hour Division published a notice of proposed rulemaking on the subject of worker misclassification and how to correctly classify workers as employees or...

Avoid the Pitfalls of Estate Planning in “Brady Bunch Marriages”

“Brady Bunch marriages” – in which spouses bring their kids from prior relationships into the new marriage – pose a number of potential problems when it comes to estate planning....

Why a Judgment in Your Favor is Not as Great as You Think

If you’re awarded a judgment, don’t celebrate just yet – it may not be the windfall you think it is. A judgment is a decision of the court that comes...

Why You Need to Read the Fine Print: A Cautionary Tale

You know you should read “the fine print” of every contract and agreement you sign, but do you? We sometimes assume that there’s nothing truly important happening in the fine...

How South Carolina Courts View Covenants Not to Compete

On the surface, covenants not to compete look simple. One party agrees not to compete against another party – either by working for a competing company, or by starting their...

What You Need to Know About Section 1031 “Like-Kind Exchanges”

Under Section 1031 of the US Code, you can sell a qualifying property, take the money from that sale, and buy new qualifying property of a “like-kind” without paying any...

How to Protect Your Interests With Enforceable Covenants Not to Compete

Updated April 2024 South Carolina is a state that values an individual’s freedom to work. Because of that, it does not look kindly on contracts that try to restrict a...

Did You Choose the Wrong Business Type?

Updated April 2024 Picking what kind of business you’re going to be – “choice of entity” – is one of the first and most important things you do when you...

What’s the Difference Between a C-Corp and an S-Corp?

Deciding what kind of entity you want to be is one of the first steps when creating a new business. If you’ve already decided that your business should be a...
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