While the South Carolina elective share provides the surviving spouse the right to claim 1/3 of the deceased’s spouse’s probate estate, an additional statute in the South Carolina Probate Code provides additional protections for a surviving spouse when the deceased spouse executed a Will prior to their marriage but, for whatever reason, did not update […]
As a preface, I strongly advise against writing your own Will because even if valid in your state, probate of a handwritten Will can be extremely burdensome and expensive. The attorney’s fees alone would be significantly more than having an attorney prepare a well drafted self-proving Will for you. Additionally, some states, including South Carolina, […]
In North Carolina, the statutory legal process of settling the estate of a deceased person uses a variety of legal terms to identify the person in charge of administering the estate and the authority granted to that individual. The terms “Collector,” “Executor,” “Administrator,” and “Personal Representative” all describe the person in charge of settling an […]
Many will disputes deal with the issue of testamentary capacity. In other words, the person whose will is being executed must be aware of what is going on for the will to be valid, i.e., the testator must have a lucid interval. A will can also be challenged by arguing that the will was procured […]
To die “intestate” in South Carolina means to die without a valid will or assets not effectively disposed of by your Will. In South Carolina, the only assets that are affected by intestacy succession laws are those assets that would have passed through your will had you created one. Intestacy laws therefore do not apply […]
When a parent dies, siblings may battle for years quarreling over their inheritance. When Governor John Kasich’s parents died at the age of 67 from a car crash in 1987, John inherited the primary control of their estate over his brother, Richard. Because Richard struggles with depression and bipolar disorder, John Sr. and Anne Kasich […]
Many intensely litigated estate disputes arise our of how an individual handles beneficiary designations on certain accounts. A “Designated Beneficiary” is a person or trust selected by an owner of an account to inherit the account balance payable upon the death of the account owner. Beneficiary designations are typically used for life insurance, retirement accounts […]
Did you know that it is now possible to be buried on the moon? Elysium, a San Francisco based company, is now offering an affordable way to have your ashes forever a part of the night sky. Interested? You had better get it in writing. Healthcare Agent has Authority over Remains Many people do not […]
South Carolina Small Estates: The maximum value of the probate estate must be under $25,000.00 in order to qualify for small estate administration. Legal Procedures for Small Estate Administration There are three procedures for the more simple administration of the small estates, with the last of the three avoiding even opening the estate at all: […]
Since the administration of an estate of a decedent is conditioned upon the death of that person, it is important to understand if and when a person is legally dead according to the South Carolina Probate Code. The 2013 amendment incorporated them back into the Probate Code at Section 62-1-507 as part of the Uniform Simultaneous […]