Category Archives: Advanced Estate Issues

Death & Taxes

  Benjamin Franklin once said, “In this world nothing can be said to be certain, except death and taxes.” As April 15th draws near, the law offices of Provence Messervy and the CPA firm of Jarrard, Nowell & Russell often … Continue reading

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Parents of Illegitimate Children in Probate (To Receive or Not to Receive Part II)

In a previous post, we discussed how illegitimacy affects the share of a child in probate. However, in some instances it’s the death of a child that raises a different issue . . . who benefits from the estate of … Continue reading

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Joint Bank Accounts In Probate Court

Well-intentioned family members often add a loved one to their bank accounts. There are a variety of reasons this may occur: shared expenses, planning for final expenses, long-term care concerns, or a potential for future incapacity. In many of these … Continue reading

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Uniform Simultaneous Death Act: Part II

In our first post on this topic, we discussed how to determine whether or not an heir or devisee survived the decedent. This post will explain how survival alters the administration and distribution in an estate. Effective January 1, 2014, … Continue reading

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Proof of Life: Understanding the Uniform Simultaneous Death Act

It’s more common than most people realize to have spouses, relatives or other beneficiaries die at the same time or in close proximity to the decedent. Sometimes this occurs due to a common accident (car, plane, etc.) while other times … Continue reading

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Increase in Exempt Property

Exempt property is property that a surviving spouse can protect from creditors of the estate. By allowing exempt property, the S.C. Code essentially guarantees a spouse that he/she will be able to maintain certain household furniture, automobiles, furnishings, appliances, and personal … Continue reading

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Can My Spouse Disinherit Me?

Many people are surprised to learn that South Carolina law actually prohibits your from disinheriting your spouse absent their consent (i.e. a prenuptial agreement). The rights of the spouse to take from the estate will be determined by whether the … Continue reading

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Joint Tenancy and Spouses: Understanding SC Law

In South Carolina, you have the right to title assets (this includes real property, bank accounts, car titles and more) in several ways. Today’s post will not detail ALL of the various ways we can hold title, but will discuss … Continue reading

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To Receive or Not to Receive – Illegitimate Children in Probate

In the 2010 Census, we learned that more than forty percent (40%) of children born in the United States are born to unwed mothers. While the issue of “illegitimate” children is certainly nothing new, it does lead to complex probate … Continue reading

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Restraint of a Personal Representative Pending Removal

A recent comment asked a very good question – essentially what happens to the Personal Representative after someone has asked the court that they be removed, but before a hearing has actually been held on the matter? The answer to … Continue reading

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