Category Archives: Marriage

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

Posted in Advanced Estate Issues, Marriage, Probate 101 | Tagged , , , , , , , | 4 Comments

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

Posted in Advanced Estate Issues, Estate Planning Tips, Marriage, Probate 101 | Tagged , , , , , , , , , , , | 3 Comments

The Omitted Spouse

Many people never create a valid last will and often those that do then forget to update them. Luckily, South Carolina law provides a remedy for spouses who marry and later learn that their husband or wife had a will … Continue reading

Posted in Advanced Estate Issues, Marriage | Tagged , , , , , , , , | 1 Comment

The Elective Share

In South Carolina, it is perfectly acceptable to disinherit your children. Spouses; however, have certain rights which may make disinheriting them difficult, if not impossible, unless you have planned ahead. South Carolina Code §62-2-201 grants spouses the right in South … Continue reading

Posted in Advanced Estate Issues, Estate Planning Tips, Marriage | Tagged , , , , | 21 Comments

Pick Me, Pick Me! Who gets to be the Personal Representative of the estate? (Part I)

For an estate to be opened, there must be someone named as the Personal Representative (formerly called an Executor or Administrator). This person is responsible to the court, creditors of the estate and the heirs to ensure that the estate … Continue reading

Posted in Estate Planning Tips, Marriage, Probate 101 | Tagged , , , , , , , , , , | 4 Comments

Guest Post: Common Law Marriage Development

With more and more people moving to South Carolina from other states, the question of how our unique common law marriage situation changes their relationships is a common one. This guest post by attorney Ben Stevens answers that question: When … Continue reading

Posted in Marriage | Tagged , , | Leave a comment

Common Law Marriage in South Carolina

Common law marriage – alive and well in South Carolina. Continue reading

Posted in Marriage, Probate 101 | Tagged , , , , | 33 Comments

Probate Court’s role in marriage

A brief overview of the role of the Probate Court in issuing marriage licenses in South Carolina. Continue reading

Posted in Marriage | Tagged , , , , , , | Leave a comment