Q. What things can be done to avoid probate?A. A simple way to avoid probate is to give away property during your lifetime. But there can be consequences because you lose control and cannot recover the item, cash or property…
When a decedent owned real property in another county of South Carolina or another state other than the state in which probate proceedings have been initiated, it will usually be necessary to institute separate probate proceedings to arrange for the…
In most states the law allows a surviving spouse to make an election against decedent’s will to ensure the surviving spouse receives a fair inheritance. In South Carolina the percentage for an elective share is 1/3 of the “probate…
It is always a good practice to have out-of-state legal documents reviewed when you establish a new domicile and it is not unusual for there to be problems with a document. The concept of a durable power of attorney was…
No and yes. Probate is a court procedure by which a will is proved to be valid or invalid and then the terms of that document are applied to the estate situation. Probate is also the procedure for administration of…
Q. What mistakes should a person avoid when doing a will? A. I have chosen the five[i] following mistakes to avoid. NOT HAVING A WILL IN THE FIRST PLACE IS A BIG MISTAKE PEOPLE MAKE. They think they have nothing…
Death is a part of life – but for the surviving family it is a time of stress, both emotional coping with loss and knowing what to do to handle the paperwork and the practicalities of what happens when a…
The daughter of his sec-ond wife is giving his personal items, like guns and tools, away without consulting me and my stepmother, age 81, refuses to answer my calls. My Dad and I were very close and it hurts to…
My friend had difficulty getting access to her husband’s online information after he passed. What rights, if any, does a spouse have to online stuff? One of the hot topics in estate planning is digital assets. Digital assets are part…
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