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Will Contests: Capacity and Undue Influence

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 […]

Why Estate Planning is a Must if You Are Single

There are more singles today than ever before. In America today, the divorce rate is 50 percent for first marriages and even higher for second and third marriages. In 1970, about one-third of Americans 15 and older were single. Today, the number is closer to 50 percent. This means that single people need to be […]

The Basics of Creating a Valid Will

Abraham Lincoln, the nation’s 16th president, died without a Will. Despite being a lawyer himself, he died intestate (without a Will) after being the first president to be assassinated in 1865. Despite death threats, Martin Luther King Jr. also died without a Will, and today his family is still fighting over control of his estate. […]

Where Not to Store your Last Will and Testament

A last will and testament is a legal document that should be kept safe. These are a few places where NOT to keep your Will and other original legal documents:  Safe Deposit Box Storing your Will in a bank safe deposit box is not advisable because of the difficulties involved obtaining the document after your death. […]

Is your Last Will and Testament Valid?

South Carolina Will Formalities: Legal formalities of a Will are strictly construed and having a Will prepared by an experienced South Carolina estate planning lawyer can deter Will contests, by having the drafting attorney attesting to the capacity of the testator and the Will’s proper execution. Capacity to Make a Will A will is only valid […]