Recent Posts by Linda Knapp

Advance Directives

  1. Q. I did a living will almost three decades ago. Does it need to be updated?
  2. Yes. A lot has changed since 1990.  The law changes over time in response to changes in society.  Medical advancements, especially technology has dramatically affected this area of the law.
Let’s look back at some of the important medical advancements in...
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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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