Category Archives: Estate Planning Tips

The New Custody Battle – Who Gets Mom & Dad?

Understand the importance of choosing an agent to avoid ending up in a Probate Court custody battle. Continue reading

Posted in Conservators & Guardians, Estate Planning Tips, Incapacity Issues, Power of Attorney, Probate 101 | Tagged , , , , , | Leave a comment

A Resolution Worth Making: Protect Your Assets in 2017

As 2016 draws to a close, we find ourselves pondering what we should do differently in 2017. Live a healthier lifestyle? Lose weight? Spend less? Live life to the fullest? The truth is that less than 8% of us keep … Continue reading

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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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WHAT ARE NON-PROBATE ASSETS?

Assets that are not required to go through probate are commonly referred to as “non-probate assets.” This term causes significant confusion amongst our clients and readers. This term simply refers to any assets which transfer automatically at the time 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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South Carolina Senior Citizens’ Handbook

The South Carolina Bar Association has a wonderful publication that we use regularly for our clients called the South Carolina Senior Citizens Handbook. This free publication is a great resource for anyone 55+. It addresses topics ranging from Medicare to … Continue reading

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Do I Need a POA (Power of Attorney)?

Many of our elderly clients come in asking for a Power of Attorney. A doctor, family member or friend may have mentioned that they need one, but aren’t able to explain why or what type. This post will provide some … Continue reading

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Who has the CAPACITY to make a will?

Probate Courts deal daily with the issue of “capacity.” When handling Conservatorship and Guardianship cases, they determine whether or not people have the capacity to manage their own affairs. When handling disputes over someone’s last will, they are often asked … Continue reading

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What is a Life Estate?

Many clients approach us to discuss the possibility of using a life estate in their estate planning.  This post is designed to give an basic overview of the life estate. As always, please come in for a consult or schedule … Continue reading

Posted in Estate Planning Tips, Probate 101, Real Property Issues | Tagged , , , , | 77 Comments

Joint Tenancy and Your Children – Estate Planning Nightmares

While my firm does plenty of estate planning, my role in the firm is to handle the “litigated cases.” This means that I step in when things have gone wrong – sometimes horribly wrong – after someone passes away. Over … Continue reading

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