I Want to Be Cremated; Does My Family Have to Follow My Wishes?
The short answer is “Yes, IF…” Yes, If You Complete a Pre-Need Cremation Authorization Form South Carolina law (Chapter 8 Title 32) provides that an individual may pre-authorize their own...
What is a Trust Protector and When Do You Need a Trust Protector?
If you know anything about trusts, you have likely heard of the roles of settlor (aka grantor), beneficiary, and trustee. But there’s another role to know about: the trust protector....
Changing the Rules Mid-Game: What the Connelly v U.S. Decision Means for Closely Held Corporations
If you are a shareholder in a closely held corporation, you need to know about the June 2024 decision from the U.S. Supreme Court case Connelly v. United States (2024)....
What Happens When Easements Are Abandoned?
What happens if an easement is abandoned? While most easements in South Carolina last indefinitely, abandonment is one way to extinguish an easement. In that instance, the original rights revert...
What is a Certificate of Tax Compliance and Why Should You Get One for a Business Closing?
If you are planning on buying or selling a business in South Carolina, or a significant portion of its assets, you need to know what a Certificate of Tax Compliance...
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* UPDATE: On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final...
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...
