• Published On: October 14, 2026

    The springing power of attorney (POA) looks like a great idea at first glance: The POA “springs” into effect if and when the principal becomes incapacitated. Only then does the agent have legal authority to act on behalf of the principal according to the terms of the POA. A springing power of attorney (only used [...]

  • Image by jacqueline macou from Pixabay
    Published On: October 6, 2026

    When someone dies and the estate is settled, not all of the assets are treated the same way. Some assets go through probate, while others pass outside of probate. Assets that pass through probate are called probate assets. Assets that do not pass through or go through the probate process are called non-probate assets. If [...]

  • Published On: August 31, 2026

    “If it were ever an excuse to plead ignorance of the risks of using generative AI to draft a brief without verifying its output, it is certainly no longer so.” - Fletcher v. Experian Info Solutions, No. 25-20086 (5th Cir. Feb. 18, 2026) It’s past time to sound the alarm on the improper use of [...]

  • Published On: August 28, 2026

    Artificial Intelligence (AI) has come a long way in recent years, but as impressive as it is, it has many limitations. AI cannot and does not replace an attorney, for one. AI only responds to the input received. One big issue is that the way a question is asked can affect the answer given. If [...]

  • Photo of diverse group of business people at a meeting
    Published On: June 4, 2026

    Does a trustee have a duty to the beneficiary or to the purpose of the trust? These are often in alignment, and the trustee doesn’t have to choose one over the other. But sometimes they are in conflict, and that’s where issues arise. This is not just an abstract legal concept; it has consequences in [...]

  • Judge. Male judge in a courtroom striking the gavel
    Published On: June 1, 2026

    In South Carolina, a trustee of a trust can be removed in one of two ways: either in accordance with the terms of the trust or by a court under state trust law. Below, we’ll look at both in turn. A Trustee Can Be Removed Under State Law South Carolina Code Section 62-7-706 covers the [...]

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