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)....
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...
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...
What is Family Malpractice™, and Have You Committed It?
Updated April 2024 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,...
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...
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...
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...
How is Joint Tenants with Rights of Survivorship Created and Severed in South Carolina?
One of the key benefits of holding property with someone as joint tenants with rights of survivorship is that when one cotenant dies, his/her share in the property automatically passes...
