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 Appeals. Under the replacement mortgage doctrine, if an older (original) [...]
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 allows the transfer of property outside of probate. But the [...]
What Is the Legal Rate of Interest in South Carolina in 2024?
Update: Read about the 2025 legal rate of interest here on the blog. 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 [...]
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, it depends on the state you live in and the [...]
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 before anyone else. It’s most commonly seen in real estate [...]
What is Family Malpractice™, and Have You Committed It?
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, where an attorney’s misconduct causes problems for a client, and you’ve heard of [...]
What Happens to Your Estate If You Die During a Divorce in South Carolina? Spousal Elective Share
Imagine this scenario: Husband and Wife have been married for many years. One day, Wife files for divorce. At a hearing a few months later, the divorce is granted. Husband dies about a week later. A few days after that, [...]
Employee or Independent Contractor? Employers Need to Know DOL’s Proposed Rule
This blog will be updated with relevant developments = Misclassification of workers by employers is a big problem, according to the Department of Labor (DOL). “The misclassification of employees as independent contractors remains one of the most serious problems facing [...]
Involved in Real Estate or Passive Activities? Passive Activity Loss Rules to Know
Let’s say you’ve dipped your toe into the real estate game and flipped a house. Instead of making a killing on it, you took a big financial hit. When tax time comes around, can you take that loss against your [...]
Partnership Representatives: What Partners and LLC Members Need to Know Now
Are you a member of a partnership or a multi-member LLC that’s taxed like a partnership? If so, you need to know about partnership representatives. A partnership representative is an individual or entity that represents a partnership in front of [...]
What is “Unconsionability” in the Law?
UPDATE 03.04.25: The discussion below centers on the Court of Appeals of South Carolina's 2022 decision in the Huskins v. Mungo Homes case. Since then, the Supreme Court of South Carolina took up the case and rendered its decision in 2024. [...]
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 real life, this looks like a daughter settling the estate [...]
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 in South Carolina do? If you’ve been named a personal [...]
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 “goodwill” in business, and what’s the difference between personal goodwill [...]
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 the Obergefell decision, states made their own laws regarding same-sex [...]
