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WHEN IS AN ANCILLARY ESTATE REQUIRED IN PROBATE COURT?
When a decedent owned real property in another county of South Carolina or another state other than the state in which probate proceedings have been…
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HOW DO LAWYERS ACCOMMODATE CLIENTS WITH DISABILITIES?
I will answer this question in two ways. First, in 1980 I worked at the Maryland School for the Deaf which had just started mainstreaming…
ADVANCE DIRECTIVES
Q. I did a living will almost three decades ago. Does it need to be updated?Yes. A lot has changed since 1990. The law changes…
REVOCABLE TRUSTS
This is a big one so let’s take a few steps back to ensure readers can follow along. The qualified trust rules of Internal Revenue Code…
ADVANCE DIRECTIVES
Let’s look back at some of the important medical advancements in our lifetimes. Each summer from 1916 on there was an outbreak of polio in…
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…
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.…
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…
IRREVOCABLE TRUSTS
Q. How do I know if I need a revocable or irrevocable trust? A. You should consult with a legal professional that handles both kinds…
GUNS AND DEMENTIA
Q. My elderly father is often confused and agitated. I am concerned because he has loaded guns in the house. What can I do? A.…