When You Can’t Sell Your Own Property: ROFRs and the Power of Alienation
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 [...]
Seller Beware: Think Twice Before Granting the Right of First Refusal (ROFR)
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 [...]
What is the “Heirs’ Property Tax Relief Act”? Helping Clear Titles
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 [...]
Losing Your Home with One Signature: Home Title Fraud on the Rise and What You Can Do
If you’re like most Americans, your home is your single most valuable asset. Yet you could lose it with just one signature. This is what happened to Gloria Ormand-Ward, the Appellant in the Court of Appeals of South Carolina case [...]
What Are “Hot Powers”? Express Powers in a Power of Attorney
In a power of attorney (POA), “hot powers” are powers that must be explicitly granted by the principal to the agent. They differ from powers that are implied. “Hot Powers” Under the UPOAA Under § 201 of the Uniform Power [...]
The RAP Does Not Apply to Commercial Nondonative Transfers in SC: Impact of the Spring Valley Interests Decision
The Rule Against Perpetuities (RAP) is a legal doctrine that limits certain types of future property rights to prevent long-term “dead-hand control” and keep property freely transferable. South Carolina’s RAP laws were humming along for nearly four decades without any [...]
Planning 360 Years Ahead: Dynasty Estate Planning in South Carolina After RAP Change
Great news for high-net-worth individuals and families in South Carolina: You now have the ability to direct what happens to your property for much longer after your death. Previously, long-term estate planning had an effective limit of 90 years, or [...]
What is the Legal Rate of Interest in South Carolina in 2026?
On January 7, 2026, the Supreme Court of South Carolina issued an order on the legal rate of interest on money decrees and judgements for the upcoming year. The legal rate of interest in South Carolina for the period of [...]
Divorce and Elective Share: Is My Soon-To-Be Ex Entitled to My Estate If I Die?
The answer: Yes, maybe. Your soon-to-be ex could very well have the legal right to claim one-third of your probate estate in South Carolina if you die before the divorce is finalized and filed. But there is some nuance to [...]
How to Force an LLC Member Out – Judicial Dissociation
What happens when you’re in business with someone whose behavior harms the LLC but who refuses to leave voluntarily? Ideally, you have a well-drafted buy-sell agreement or operating agreement that addresses this exact situation and clearly lays out next steps. [...]
Can an Arbitration Award be Appealed? Vacatur, Manifest Disregard, and the Waldo Case in SC
Arbitration is by usually binding, meaning the arbitrator’s decision is final and the parties must legally abide by it. Since arbitration is type of Alternative Dispute Resolution that happens outside the judicial system, courts are reluctant to “vacate” an arbitrator’s [...]
Pros and Cons of Family Friend vs. Corporate Trustee and Why Choice of Fiduciary Matters
A trustee of a trust is a fiduciary with a legal duty to act in the best interest of the trust beneficiary or beneficiaries in accordance with the terms and purpose of the trust. The choice of trustee is an [...]
What is a Directed Trust, and When Do You Need One?
In a standard trust, a trustee is appointed who is responsible for handling the investment of trust assets, distributions to beneficiaries, and administrative tasks like keeping records and filing taxes. With a directed trust, a “trust director” is also appointed [...]
Can Buy-Sell Agreements Determine Business Value for Tax Purposes? The IRS Says…
Buy-sell agreements cannot be relied on to determine the value of a business for the purposes of estate tax or gift tax. If the IRS believes that a closely held business, or an interest in it, has a higher fair [...]
The Family Investment Company: Benefits and Risks (Avoid These 3 Mistakes)
Family investment companies (FICs) are becoming increasingly common among high-net-worth families. An FIC is typically a family-held LLC or family limited partnership (FLP) in which a wealthy founder transfers assets into the company, and other family members become partners or [...]
