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: […]
A last will and testament is a legal document that should be kept safe. These are a few places where NOT to keep your Will and other original legal documents: Safe Deposit Box Storing your Will in a bank safe deposit box is not advisable because of the difficulties involved obtaining the document after your death. […]
Since the administration of an estate of a decedent is conditioned upon the death of that person, it is important to understand if and when a person is legally dead according to the South Carolina Probate Code. The 2013 amendment incorporated them back into the Probate Code at Section 62-1-507 as part of the Uniform Simultaneous […]
South Carolina Will Formalities: Legal formalities of a Will are strictly construed and having a Will prepared by an experienced South Carolina estate planning lawyer can deter Will contests, by having the drafting attorney attesting to the capacity of the testator and the Will’s proper execution. Capacity to Make a Will A will is only valid […]
