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Category: Wills

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...

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 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...

The Ongoing Battle over the James Brown Estate

The Godfather of Soul James Brown was born in Barnwell, South Carolina in 1933 and went on to become one of the greatest figures in music of the 20th century...

9 Reasons You Need a Will

We all know we “should” have a will. But why, exactly? Here are 9 good reasons to have a will. 1 To Maintain Good Family Relations After You Die The...

Unintended Consequences: What Happens When You Don’t Do Things Right

Following procedure is important when it comes to the law. This may go without saying, yet you’d be surprised at what sometimes happens, and what the consequences of failing to...

Should Your Estate Go Through Probate? Why or Why Not?

Last time we cleared up confusion around probate in South Carolina and looked at what probate is and isn’t. If there’s one thing people do know about probate, it’s that...
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