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 […]
Intestate Succession South Carolina
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 […]
Why Estate Planning is a Must if You Are Single
There are more singles today than ever before. In America today, the divorce rate is 50 percent for first marriages and even higher for second and third marriages. In 1970, about one-third of Americans 15 and older were single. Today, the number is closer to 50 percent. This means that single people need to be […]
The Basics of Creating a Valid Will
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. […]
How Poor Estate Planning Can Cause Sibling Discord
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 […]
Beneficiary Designation Problems in Estate Planning
Many intensely litigated estate disputes arise our of how an individual handles beneficiary designations on certain accounts. A “Designated Beneficiary” is a person or trust selected by an owner of an account to inherit the account balance payable upon the death of the account owner. Beneficiary designations are typically used for life insurance, retirement accounts […]
