Category Archives: Probate 101

Understanding Summary Administration

Similar to a small estate, summary administration is another abbreviated process available in the probate court under certain limited situations. For a variety of reasons, the same person wears may be both the Personal Representative as well as the only … Continue reading

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Can I Sell The Property?

Personal Representatives or heirs are often anxious to sell the real property due to the expense of holding the property if it’s vacant. Here’s what you need to know before signing a listing agreement or liquidating that real estate. If … Continue reading

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We Found The Will – Now What?

Many times people contact our office because a Will has been found among their deceased loved one’s belongings. A common question is what the next step is. The movie depiction of the family attorney reading the Will seldom occurs 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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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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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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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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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

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