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Category: Estate Planning

What Does It Take to Prove Undue Influence when Contesting a Will?

Undue influence is one of the most common reasons a last will may be found invalid in South Carolina, along with procedural errors and lack of testamentary capacity. (Read more...

What Is HEMS and What Does it Mean for Trustees?

HEMS is an acronym that stands for Health, Education, Maintenance, and Support. It’s commonly used in trusts as a way to guide and restrict the kinds of distributions that a...

Timing Is Everything: When Powers of Attorney Aren’t Bulletproof

In the previous blog, we looked at the basics of financial and medical powers of attorney. Today, we’re going to look at how these documents are not as straightforward as...

Do You Know the Limits of Your Powers of Attorney?

The power of attorney for finance and the power of attorney for health care are two essential documents of estate planning. These documents give a person (the agent) the power...

To Disclose or Not to Disclose? The Importance of Disclosure in Prenuptial Agreements

What are the three most important things when it comes to real estate? That’s right: Location, location, location. Likewise, when it comes to prenuptial and postnuptial agreements, the three most...

Why You Don’t Want to Be a Trustee

I once saw a bumper sticker on a car that said “Smile. You Could Be a Trustee.” I thought it was great because it’s true. Being a trustee can be...

Why Common Law Marriage was Just Abolished in South Carolina

Common law marriage will no longer be recognized in South Carolina. In making this determination, the Supreme Court of South Carolina joins the trend of several other states who have...

What Makes a Will Invalid? Common Challenges to a Will’s Validity in South Carolina

We write a lot on this blog about the last will and testament. That’s because it’s an extremely important document to have, particularly when you have a large estate or...

Want to Make Changes to Your Will in South Carolina? Read This First

We’ve stressed before on this blog why it’s important to have a last will and testament and why you need to keep it up to date. Not doing so can...

What Is A No-Contest Clause and Why Have One in Your Will?

A no-contest clause, also known as an in terrorem clause, is a clause in a will or revocable trust that is intended to prevent parties from contesting the will or...
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