Category Archives: Elder Law and Estate Planning

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 initiated, it will usually be necessary to institute separate probate proceedings to arrange for the administration of the property in both counties and/or states. The proceedings in the primary state,...
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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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