MY MOTHER JUST INHERITED $60,000.
Q. My Mother just inherited $60,000. She owns her own home and has a modest income. She has few other assets. She had a stroke and now requires help to oversee her medicine, prepare meals and she no longer drives.…
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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 initiated, it will usually be necessary to institute separate probate proceedings to arrange for the…
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 elementary children. Many of the children came from hearing families. Students and teachers rose to…
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 over time in response to changes in society. Medical advancements, especially technology has dramatically affected…
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 (herein after IRC) § 401(a) apply to traditional IRAs. A traditional IRA is an account funded…
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 some part of the country, reaching epidemic proportions in 1949 when 2,700 died and over…
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…
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…
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…
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 of trusts. Provide a clear explanation of your goals and the assets you are planning…