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 […]
How to Write Your Own Will?
As a preface, I strongly advise against writing your own Will because even if valid in your state, probate of a handwritten Will can be extremely burdensome and expensive. The attorney’s fees alone would be significantly more than having an attorney prepare a well drafted self-proving Will for you. Additionally, some states, including South Carolina, […]
Confusing Legal Titles in Estate Administration
In North Carolina, the statutory legal process of settling the estate of a deceased person uses a variety of legal terms to identify the person in charge of administering the estate and the authority granted to that individual. The terms “Collector,” “Executor,” “Administrator,” and “Personal Representative” all describe the person in charge of settling an […]
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 […]
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 […]
