Monthly Archives: December 2019

Can a non-South Carolina resident serve as the personal representative of an estate?

Yes, the facts and details of your situation need to be discussed with an attorney and/or the probate court, but likely you can complete an “Appointment of Agent for Service of Process”, SCRCP Form #121ES naming a SC resident who agrees to receive service of all lawful process in any action at law or equity...
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How does an elective share work?

In most states the law allows a surviving spouse to make an election against decedent’s will to ensure the surviving spouse receives a fair inheritance.   In South Carolina the percentage for an elective share is 1/3 of the “probate estate”. The elective share replaced the old English concept of dower which gave a woman...
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I am planning to travel abroad with friends, not family. I have a living will and a health care power of attorney naming my daughter as my agent. Are these documents still valid in another country?

Probably your health care power of attorney (hereinafter HCPOA) will be valid, but it may be difficult to reach your agent.  I suggest you name a traveling companion as a co-agent or alternate agent to act only when your daughter can’t be reached, but having all the same authority and discretion to make decisions on...
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