Fort Mill, SC – Navigating the probate process can be a daunting experience for families already dealing with the loss of a loved one. While probate serves an essential legal function by ensuring that a deceased person’s assets are distributed according to their wishes or state law, the process can be time-consuming and complex. Nosal […]
Introduction to the Role of an Executor Selecting the right executor for your estate is a critical decision in the estate planning process. This role, often underestimated in its complexity and importance, involves managing and executing your final wishes as outlined in your will and other estate planning documents. The executor’s responsibilities are multifaceted, requiring […]
Introduction to Estate Planning and Asset Protection Estate planning is a multifaceted process that involves more than just deciding how to distribute your assets after your death. A crucial aspect of this process is asset protection, which focuses on safeguarding your wealth from potential legal and financial threats during your lifetime. This article offers an […]
While the South Carolina elective share provides the surviving spouse the right to claim 1/3 of the deceased’s spouse’s probate estate, an additional statute in the South Carolina Probate Code provides additional protections for a surviving spouse when the deceased spouse executed a Will prior to their marriage but, for whatever reason, did not update […]
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 […]
To die “intestate” in South Carolina means to die without a valid will or assets not effectively disposed of by your Will. In South Carolina, the only assets that are affected by intestacy succession laws are those assets that would have passed through your will had you created one. Intestacy laws therefore do not apply […]
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. […]
When a parent dies, siblings may battle for years quarreling over their inheritance. When Governor John Kasich’s parents died at the age of 67 from a car crash in 1987, John inherited the primary control of their estate over his brother, Richard. Because Richard struggles with depression and bipolar disorder, John Sr. and Anne Kasich […]
As the calendar year comes to a close, we want to thank our clients, staff, and the Carolina panthers for making 2015 a great year at Nosal & Jeter, LLP. We hope everyone has safe travels in North and South Carolina over the holiday season. Merry Christmas and Happy New Year!
South Carolina Small Estates: The maximum value of the probate estate must be under $25,000.00 in order to qualify for small estate administration. Legal Procedures for Small Estate Administration There are three procedures for the more simple administration of the small estates, with the last of the three avoiding even opening the estate at all: […]