The Omitted Spouse: When the Spouse is Left Out of the Will
What happens if you leave your spouse out of your will? Or your spouse leaves you out of his or her will? This happens more often than you think. Many...
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...
What is Family Malpractice™, and Have You Committed It?
Updated April 2024 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,...
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...
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
Updated April 2024 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...
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...
