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 [...]
What is Family Malpractice™, and Have You Committed It?
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, where an attorney’s misconduct causes problems for a client, and you’ve heard of [...]
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 dies about a week later. A few days after that, [...]
Employee or Independent Contractor? Employers Need to Know DOL’s Proposed Rule
This blog will be updated with relevant developments = Misclassification of workers by employers is a big problem, according to the Department of Labor (DOL). “The misclassification of employees as independent contractors remains one of the most serious problems facing [...]
Involved in Real Estate or Passive Activities? Passive Activity Loss Rules to Know
Let’s say you’ve dipped your toe into the real estate game and flipped a house. Instead of making a killing on it, you took a big financial hit. When tax time comes around, can you take that loss against your [...]
