Can I get Out of a One-Sided Contract? Adhesion Contracts and Unconscionability in South Carolina
UPDATE 03/04/25: In 2024, the Supreme Court of South Carolina took up Huskins v. Mungo Homes where it addressed the issue of adhesion contracts. The takeaway: South Carolina courts will no longer sever illegal or unenforceable terms that violate public policy [...]
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 cremation. This pre-authorization is a legally binding agreement between the [...]
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. Let’s look at what a trust protector is, who can [...]
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). This decision (find it here) could have dramatic consequences for [...]
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 to the property owner(s). This sounds straightforward enough, but, as [...]
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 is. A Certificate of Tax Compliance is not mandatory in [...]
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 kids and nothing to her husband, which she said 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 judgment stating that the ban should not take effect or [...]
What Makes an Arbitration Agreement Unenforceable?
UPDATE 03/04/25: Some sections below have been revised to reflect the Supreme Court of South Carolina's decision in Huskins v. Mungo Homes (2024). Originally published April 22, 2024: Is it easy to get out of arbitration in South Carolina? That’s the [...]
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 Supreme Court of South Carolina by the US Court of [...]
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 [...]
