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...
What Powers Does a Power of Attorney Give Me?
A power of attorney (POA) is a document that authorizes a person (the “agent” or “attorney in fact”) to act on behalf of another person (the “principal”). Different kinds of...
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...
