Estate Planning

Will Contests: Capacity and Undue Influence

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 […]

Who Takes Care of Your Remains and Burial Wishes

Did you know that it is now possible to be buried on the moon? Elysium, a San Francisco based company, is now offering an affordable way to have your ashes forever a part of the night sky. Interested? You had better get it in writing. Healthcare Agent has Authority over Remains Many people do not […]

Preventing Child Identity Theft

CNN Money has named Charlotte, NC one of its “10 Fastest Growing Cities.” Every day more and more young people are setting down roots in the Queen City with the hope of starting a family. These people generally talk to us about long-term planning to ensure the financial safety and stability of their loved ones […]

NC Real Property Partition & Partition Sales

If the motto “all for one and one for all ” has turned into “every man for himself ” regarding joint ownership of real property, you may need assistance from an experienced Charlotte NC partition lawyer.  In North Carolina, a Partition is a legal action brought by a co-tenant of jointly owned property before the […]

Where Not to Store your Last Will and Testament

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. […]