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South Carolina Raises the Small Estate Limit: A Simpler Path Through Probate in 2025

Fri, 27 Feb 2026 20:23:33 GMT

If you've ever helped settle a loved one's affairs after they pass away, you know how overwhelming the process can feel. Probate—the court-supervised way of transferring assets to heirs—can take time, cost money, and add stress during an already difficult period. The good news? South Carolina made things easier for many families last year with a helpful update to the law.

In May 2025, Governor Henry McMaster signed Act No. 26 into law. This change raised the "small estate" threshold from $25,000 to $45,000. For estates that qualify, families can now skip much of the formal probate process and handle things more quickly and affordably.

What Does "Small Estate" Mean, and How Does the New Limit Help?

In South Carolina, a small estate is one where the total value of the deceased person's personal property—things like bank accounts (with no named beneficiaries), vehicles, stocks, or household items—is $45,000 or less (after subtracting any debts or liens on those items). Real estate, such as a house or land, does not count toward this limit and usually requires separate handling.

Before the change, only estates worth $25,000 or less qualified for the simplified process. Now, with the higher $45,000 limit, more families can use one of two streamlined options:

1. Collection by Affidavit After waiting 30 days from the date of death, an heir (like a spouse or child) can fill out a simple sworn statement and present it directly to banks, brokerages, or others holding the assets. No court appearance or formal probate is needed in most cases.

2. Summary Administrative Procedure If a personal representative has already been appointed, they can wrap things up faster by distributing assets and filing a closing statement with the court—again, without the full probate timeline.

These options save time (often months) and reduce costs like court filing fees and attorney expenses.

Why This Matters for Lowcountry Families

Many of us in the Hilton Head and Bluffton area have worked hard to build comfortable lives, but not every estate includes millions in assets or complicated investments. For modest estates—perhaps a checking account, a car, some savings, and personal belongings—this new limit means less paperwork and fewer delays for grieving families.

It also protects privacy. Full probate records become public, but the small estate process keeps most details private.

A Few Important Notes

The $45,000 limit applies only to personal property. If the person owned real estate in their name alone, full probate is usually still required for that property.
Funeral expenses, final medical bills, and certain family allowances are deducted before calculating the estate value.
Creditors must still be paid if they make a claim within the allowed time.

Even with these simpler rules, mistakes can cause delays or disputes. Getting the paperwork right from the start makes a big difference.

EXCITED ABOUT THE BITCOIN RALLY? DON’T FORGET TO INCLUDE IT IN YOUR ESTATE PLANNING

Fri, 18 Jul 2025 14:04:08 GMT

In recent weeks, Bitcoin has surged to new all-time highs, crossing the $120,000 mark for the first time. This exciting development highlights how cryptocurrencies are becoming a bigger part of many people's financial lives. For those in their later years building or preserving wealth, digital assets like Bitcoin offer potential growth but also introduce new complexities. Unlike stocks or real estate, these assets exist entirely online, often stored in digital wallets. As more individuals explore crypto to diversify their portfolios, it's worth considering how these holdings fit into long-term plans.

One key challenge with cryptocurrencies in estate planning is accessibility after you're gone. These assets are protected by private keys or passwords, which are like digital safe combinations. If your heirs don't know how to find or use them, the value could be lost forever—potentially leaving a significant portion of your estate unclaimed. Traditional estate tools, such as wills or trusts, may not automatically cover these details, leading to complications during probate or trust administration. Stories abound of forgotten wallets holding millions in crypto, underscoring the need for thoughtful preparation to ensure your loved ones can inherit smoothly.

To address this, many are starting to incorporate digital assets into their estate strategies. This might involve documenting wallet information in a secure way or naming a trusted person to handle access. While we're not providing legal advice here, it's clear that proactive steps can help protect your legacy. If cryptocurrencies are part of your net worth, discussing them with estate planning professionals could make a real difference in passing on your wealth as intended.

Ready to include your digital assets in your estate plan? Contact us today to schedule a consultation and learn how we can help safeguard your legacy.

What Types of Assets Can Be Included in a Prenuptial Agreement in South Carolina?

Tue, 17 Jun 2025 19:00:00 GMT

What Types of Assets Can Be Included in a Prenuptial Agreement in South Carolina?

A prenuptial agreement is a powerful tool for couples planning to marry in South Carolina. It clearly outlines how assets and debts will be managed during the marriage and divided if the marriage ends in divorce or upon the death of a spouse. Understanding which types of assets can be included in a prenuptial agreement can help couples protect their financial futures. At Lowcountry Legal Solutions, LLC, we assist Hilton Head Island couples in crafting comprehensive prenuptial agreements tailored to their specific needs.

Assets Commonly Included in South Carolina Prenuptial Agreements:

1. Real Estate Property

Prenuptial agreements typically address real estate, including homes, vacation properties, investment properties, and land owned by either party. Agreements clarify how property ownership, appreciation, or proceeds from sales are handled.

2. Financial Accounts

Bank accounts, brokerage accounts, stocks, bonds, mutual funds, retirement accounts (401(k), IRA), and pensions can all be included. Prenups can specify what happens to these accounts during the marriage and after a potential separation or divorce.

3. Business Interests

If one or both spouses own businesses or shares in a business, a prenup can outline whether these assets remain separate or become marital property, and how profits or losses are treated.

4. Personal Property

Prenups commonly list high-value personal items such as jewelry, artwork, antiques, collectibles, vehicles, boats, and other valuable assets. The agreement ensures these remain clearly separate or defines their division in case of separation.

5. Debt and Financial Obligations

Prenups are not only about assets; they also include debts. Couples can designate responsibility for debts acquired before marriage, such as student loans, credit cards, mortgages, and other financial obligations.

6. Future Income and Earnings

Couples may outline rights to future earnings or income streams, clarifying whether these funds remain separate property or become shared marital assets.

7. Spousal Support (Alimony)

In South Carolina, prenups can determine if either party will waive the right to spousal support or set specific terms regarding alimony payments, should the marriage end.

Assets Typically Not Covered:

Prenuptial agreements in South Carolina generally cannot predetermine issues related to child custody, child support, or visitation rights, as these matters are decided based on the child’s best interests at the time of separation.

Seek Professional Legal Guidance

Crafting a solid, enforceable prenuptial agreement requires experienced legal guidance. At Lowcountry Legal Solutions, LLC, we help Hilton Head Island couples clearly define and protect their financial interests with personalized prenuptial agreements. Contact us today to discuss your options and gain peace of mind before your wedding day.

How to Avoid Probate in South Carolina: Essential Strategies for Protecting Your Estate

Sat, 17 May 2025 16:00:00 GMT

How to Avoid Probate in South Carolina: Essential Strategies for Protecting Your Estate

Probate is a court-supervised process that validates a deceased person's will, inventories assets, pays debts, and distributes the remaining assets to heirs. While probate can ensure the lawful distribution of property, it is often costly, time-consuming, and stressful for loved ones. Fortunately, there are several ways South Carolina residents can plan ahead to avoid probate, protecting both their assets and their family's peace of mind. At Lowcountry Legal Solutions, LLC, we provide residents of Hilton Head Island with guidance on effective estate planning strategies to bypass probate.

Effective Strategies to Avoid Probate in South Carolina

1. Establish a Living Trust

Creating a living trust is one of the most effective ways to avoid probate. A living trust allows you to transfer ownership of your assets into the trust, managed by a trustee (which can be you during your lifetime). Upon your death, the assets in the trust pass directly to your named beneficiaries without needing probate.

2. Joint Ownership with Right of Survivorship

Holding property jointly with the right of survivorship means that upon the death of one owner, the property automatically passes to the surviving owner. Commonly used for real estate, joint bank accounts, and investment accounts, this type of ownership eliminates the need for probate.

3. Beneficiary Designations

Assets such as life insurance policies, retirement accounts (IRAs, 401(k)s), and certain bank accounts allow you to name beneficiaries directly. These assets will pass directly to the named individuals without probate proceedings.

4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts

Banks and investment firms offer POD or TOD designations for checking accounts, savings accounts, and brokerage accounts. These designations permit immediate transfer of assets to beneficiaries upon your death, completely avoiding probate.

5. Small Estate Administration

South Carolina law provides a simplified probate process for small estates valued below a certain threshold (currently $25,000 for estates with no real property). If applicable, this expedited process reduces time and expense significantly.

Consult with an Estate Planning Attorney

Avoiding probate requires careful planning tailored to your individual circumstances. An experienced estate planning attorney can assess your unique situation, recommend appropriate tools, and help execute the necessary documents properly.

At Lowcountry Legal Solutions, LLC, we are committed to providing personalized legal assistance to Hilton Head Island residents looking to avoid probate and secure their family's future. Schedule a consultation with us today to explore the best strategies for your estate.

Is a Verbal Contract Enforceable in South Carolina?

Wed, 16 Apr 2025 15:41:12 GMT

Is a Verbal Contract Enforceable in South Carolina?

In everyday life, it's common for agreements to be made verbally, without the formality of putting anything in writing. But what happens when disagreements arise over a spoken promise? Many residents of Hilton Head Island wonder if verbal contracts hold legal weight in South Carolina courts.

The Validity of Verbal Contracts in South Carolina

In South Carolina, verbal contracts—often called oral agreements—can indeed be legally enforceable. However, their enforceability depends on certain conditions. The courts generally recognize a verbal agreement if it clearly demonstrates the essential elements of a valid contract: an offer, acceptance, consideration (something of value exchanged), mutual understanding, and the intent to create a binding agreement.

Nevertheless, proving a verbal contract can be challenging, since disputes often boil down to one party’s word against the other’s. Without written documentation, text messages, emails, or witnesses, establishing the existence and specifics of the verbal contract becomes difficult.

Exceptions to Enforceability

There are specific instances outlined by South Carolina law where verbal agreements are not enforceable, no matter how clear they may seem. According to the Statute of Frauds, certain contracts must be in writing to be legally binding. These typically include:

Agreements involving real estate transactions.
Contracts that cannot be completed within one year.
Agreements related to marriage, such as prenuptial agreements.
Promises to assume responsibility for another person's debt.

Why You Should Seek Legal Advice

If you find yourself in a dispute over a verbal contract, or if you're considering entering into one, it’s wise to seek legal counsel. An attorney can help you understand your rights, evaluate the strength of your verbal agreement, and guide you on steps to protect your interests.

At Lowcountry Legal Solutions, LLC , we are committed to providing comprehensive legal assistance to the Hilton Head Island community. Whether you need advice about enforcing a verbal agreement or assistance drafting a written contract, our team is ready to help you navigate South Carolina’s contract laws.

Consequences of Failing to Pay Spousal Support in South Carolina

Tue, 25 Mar 2025 15:45:00 GMT

Consequences of Failing to Pay Spousal Support in South Carolina

Spousal support, also known as alimony, is a court-ordered obligation intended to provide financial assistance to a former spouse following a divorce. In South Carolina, failing to meet these obligations can result in serious legal and financial consequences. At Lowcountry Legal Solutions, LLC , we provide legal assistance to the Hilton Head Island public to address issues related to spousal support, whether you’re seeking enforcement or facing difficulties in making payments.

What Happens If You Don’t Pay Spousal Support in South Carolina?

Contempt of Court :

Spousal support orders are legally binding. If you fail to pay, you may be held in contempt of court, which can result in fines, wage garnishment, or even jail time.

Wage Garnishment :

The court can order your employer to withhold spousal support payments directly from your paycheck and send them to your former spouse.

Property Liens :

The court may place a lien on your property to secure unpaid spousal support, which must be resolved before you can sell or refinance the property.

Suspension of Licenses :

Persistent failure to pay alimony can lead to the suspension of your driver’s license, professional licenses, or recreational licenses.

Credit Score Impact :

Non-payment can be reported to credit bureaus, damaging your credit score and affecting your ability to secure loans or other financial opportunities.

Seizure of Assets :

In some cases, the court may seize assets, such as bank accounts or tax refunds, to cover unpaid spousal support.

Jail Time :

For repeated or willful non-payment, the court may impose jail time as a penalty for contempt, though this is generally considered a last resort.

What to Do If You Cannot Pay Spousal Support

If you’re struggling to meet your spousal support obligations, it’s important to act quickly:

Request a Modification : If your financial circumstances have significantly changed, such as job loss or illness, you can petition the court to modify your spousal support order.
Communicate with Your Former Spouse : Open dialogue may help you reach a temporary agreement while you work on a solution.
Seek Legal Advice : An experienced attorney can help you navigate the modification process and protect your rights.

How Lowcountry Legal Solutions, LLC Can Help

Whether you’re seeking to enforce a spousal support order or need help addressing payment difficulties, we’re here to help. At Lowcountry Legal Solutions, LLC , we provide tailored legal assistance to Hilton Head Island residents, ensuring their rights are protected and the best possible outcomes are achieved.

If you’re facing spousal support issues in South Carolina, contact us today for a consultation. Let us help you resolve your concerns and move forward with confidence.

What Is the Difference Between a Will and a Trust in South Carolina?

Tue, 25 Feb 2025 16:45:00 GMT

What Is the Difference Between a Will and a Trust in South Carolina?

Creating an estate plan is crucial to protect your assets and ensure your wishes are honored. Two key tools for estate planning are wills and trusts , each serving different purposes and offering unique benefits. At Lowcountry Legal Solutions, LLC , we assist Hilton Head Island residents in understanding their options and creating tailored estate plans.

What Is a Will?

A will is a legal document that specifies how your assets will be distributed after your death. It also allows you to:

Name an executor to manage your estate during probate.
Designate guardians for minor children.
Specify who will receive your property and personal belongings.

Wills are straightforward but must go through the probate process, where the court oversees the distribution of assets. This process can be time-consuming and becomes part of the public record. A will only takes effect upon your death.

What Is a Trust?

A trust is a legal arrangement where you transfer ownership of assets to a trustee, who manages them on behalf of your beneficiaries. Trusts offer flexibility and can take effect during your lifetime (living trust) or after your death (testamentary trust).

Trusts allow assets to bypass probate, saving time and maintaining privacy. They also offer more control over how and when your assets are distributed, such as specifying conditions for beneficiaries to receive their inheritance or protecting assets for minors or those with special needs. A living trust can also manage your assets if you become incapacitated.

Key Differences Between a Will and a Trust

Probate : A will requires probate, whereas assets in a trust avoid this process. This makes trusts faster and more private.
Timing : A will only takes effect after death, while a trust can take effect during your lifetime and continue after your death.
Control : Trusts provide greater control over asset management and distribution, especially for long-term planning.

Which Option Is Right for You?

A will may be sufficient for straightforward estates, while a trust is better for those seeking to avoid probate, maintain privacy, or manage assets for beneficiaries over time. Many individuals choose to use both tools in combination to ensure comprehensive protection of their estate.

How Lowcountry Legal Solutions, LLC Can Help

At Lowcountry Legal Solutions, LLC , we work closely with Hilton Head Island residents to create customized estate plans that meet their unique needs. Whether you need a will, a trust, or both, we’re here to guide you through the process with clarity and care.

What Are the Documents Required to Form an LLC in South Carolina?

Fri, 24 Jan 2025 16:30:51 GMT

What Are the Documents Required to Form an LLC in South Carolina?

Forming a Limited Liability Company (LLC) in South Carolina is an excellent way to protect your personal assets while enjoying the benefits of a flexible business structure. However, the process requires specific documents to ensure compliance with state laws. At Lowcountry Legal Solutions, LLC , we provide expert legal assistance to Hilton Head Island residents looking to form an LLC and start their business on the right foot.

Key Documents Needed to Form an LLC in South Carolina

Articles of Organization

This is the foundational document that officially registers your LLC with the South Carolina Secretary of State. It includes essential details like:
The LLC's name (must include “LLC” or “Limited Liability Company”).
The registered agent's name and address.
The LLC's principal address.
The name and address of the LLC organizer.

Operating Agreement

While not required by the state, this internal document outlines how the LLC will be managed, the roles and responsibilities of its members, and how profits and losses will be distributed. It’s highly recommended for multi-member LLCs to prevent disputes.

Employer Identification Number (EIN)

Issued by the IRS, an EIN is required if your LLC has employees or if you plan to open a business bank account. You can apply for an EIN online through the IRS website.

Business Licenses and Permits

Depending on your industry and location, you may need specific state or local business licenses to operate legally in South Carolina.

Initial Report of LLC

South Carolina requires LLCs to file an Initial Report (Form CL-1) with the Secretary of State, detailing business activities and the company’s officers or members.

Registered Agent Information

The LLC must appoint a registered agent in South Carolina who will receive official correspondence and legal documents on behalf of the business.

Filing Fee

A filing fee of $110 is required when submitting the Articles of Organization to the South Carolina Secretary of State.

How Lowcountry Legal Solutions, LLC Can Help

Navigating the LLC formation process can be complex, especially when ensuring compliance with all legal requirements. At Lowcountry Legal Solutions, LLC , we assist Hilton Head Island entrepreneurs in preparing and filing the necessary documents, drafting customized operating agreements, and ensuring your LLC starts on a solid foundation.

Contact us today for professional legal assistance in forming your LLC. Let us help you take the first step toward building your successful business!

Why Do I Need an Estate Lawyer for a Special Needs Trust?

Thu, 19 Dec 2024 22:29:46 GMT

Why Do I Need an Estate Lawyer for a Special Needs Trust?

A Special Needs Trust (SNT) is an essential tool for families who want to ensure the financial security of a loved one with disabilities. These trusts are designed to provide funds for a person's care without affecting their eligibility for government benefits like Medicaid or Supplemental Security Income (SSI). While setting up such a trust may seem straightforward, having an estate lawyer guide you through the process can make all the difference in ensuring its effectiveness.

Legal Complexities of Special Needs Trusts

The laws surrounding Special Needs Trusts are intricate and can vary based on state and federal regulations. An estate lawyer familiar with these laws will help create a trust compliant with all requirements. If the trust is not established correctly, it could result in unintended consequences, such as disqualifying your loved one from receiving important government benefits. A lawyer will also help with drafting the trust’s provisions, ensuring it serves the best interest of your loved one.

Avoiding Common Mistakes

Without proper legal guidance, making mistakes when setting up an SNT is easy. These errors can be costly and time-consuming to fix later on. For instance, improper wording or failure to understand the various types of special needs trusts could lead to complications. An estate lawyer ensures that the trust is tailored to meet the specific needs of your loved one, reducing the chance of mistakes that might hinder their long-term care.

Ongoing Legal Support

Once a Special Needs Trust is set up, it requires ongoing management to ensure it remains in compliance with the law. Estate lawyers can assist with administering the trust, including making distributions and keeping accurate records. This ongoing support helps prevent legal issues down the road and ensures that the trust continues to fulfill its intended purpose.

Choosing an estate lawyer to assist with a Special Needs Trust gives you peace of mind, knowing that the trust is legally sound and that your loved one’s future care is secure. With professional legal guidance, you can avoid costly mistakes and ensure the financial stability of your family member with special needs. At Lowcountry Legal Solutions, LLC, we’re here to help you protect the future of your loved one with comprehensive estate planning services tailored to your unique needs.

How Long Does Probate Take in South Carolina?

Fri, 15 Nov 2024 00:48:30 GMT

How Long Does Probate Take in South Carolina?

Probate is the legal process of administering a deceased person’s estate, including validating their will, settling debts, and distributing assets to beneficiaries. In South Carolina, the length of the probate process varies depending on the complexity of the estate and other factors. At Lowcountry Legal Solutions, LLC , we assist South Carolina residents in navigating probate efficiently and effectively.

Typical Timeline for Probate in South Carolina

Opening the Estate :

The process begins when the executor or personal representative files the necessary documents with the probate court in the county where the deceased resided.
This step typically takes 1-2 months if all required documentation is available.

Notice to Creditors and Beneficiaries :

The executor must notify creditors and beneficiaries about the probate proceedings. Creditors are given up to 8 months from the date of publication of the notice to file claims against the estate.

Asset Inventory and Appraisal :

The executor must compile a complete inventory of the deceased’s assets and determine their value. This step can take 3-6 months , depending on the size and complexity of the estate.

Settling Debts and Taxes :

Outstanding debts, taxes, and administrative expenses must be paid before the estate can be distributed.
Resolving these obligations may take several months to a year , especially if there are disputes or delays in tax processing.

Distribution of Assets :

Once debts and taxes are settled, the executor distributes the remaining assets to the beneficiaries.
The time required for this step depends on the court’s approval and the estate’s complexity, typically taking several weeks to months .

Factors That May Prolong Probate

Disputes Over the Will : If beneficiaries contest the will, the probate process can be delayed significantly, sometimes taking years to resolve.
Complex Estates : Estates with numerous assets, out-of-state property, or business interests require more time to administer.
Incomplete Documentation : Missing or inaccurate records can cause delays in court processing.

Simplified Probate for Smaller Estates

In South Carolina, estates valued at less than $25,000 may qualify for a streamlined process called summary administration , which is faster and less costly than formal probate.

How Lowcountry Legal Solutions, LLC Can Help

Navigating probate can be overwhelming, particularly during a time of grief. At Lowcountry Legal Solutions, LLC , we help South Carolina residents manage the probate process with care and expertise. From filing documents to resolving disputes, our team ensures the process runs as smoothly as possible.

If you’re facing probate, contact us today for compassionate guidance and professional representation. Let us help you settle your loved one’s estate with confidence and peace of mind.

How is Child Custody Determined in South Carolina?

Thu, 24 Oct 2024 00:35:46 GMT

How is Child Custody Determined in South Carolina?

When parents separate or divorce in South Carolina, determining child custody is one of the most important decisions the court must make. The guiding principle in all child custody cases is the best interest of the child. Several factors are considered to ensure that the custody arrangement benefits the child's overall well-being. At Lowcountry Legal Solutions, LLC, we assist the South Carolina public with family law matters, including child custody, ensuring that your rights as a parent are protected while prioritizing your child’s needs.

Types of Child Custody in South Carolina

South Carolina recognizes two main types of custody:

Physical Custody: Refers to where the child will live and which parent will provide daily care.
Legal Custody: Refers to the authority to make important decisions about the child's life, including education, healthcare, and religious upbringing.

Both physical and legal custody can be shared (joint custody) or awarded to one parent (sole custody), depending on the circumstances.

Factors Considered in Determining Custody

In South Carolina, the court evaluates several factors to determine what arrangement is in the best interest of the child, including:

The Child’s Age and Needs: The court considers the age and developmental needs of the child, ensuring that the custody arrangement supports their health and emotional well-being.
The Child’s Relationship with Each Parent: The strength and quality of the child's relationship with each parent play a crucial role. The court will assess which parent has been the primary caregiver and who can provide a stable environment.
Parental Cooperation: The willingness of each parent to support the child’s relationship with the other parent and their ability to communicate effectively about the child’s welfare is taken into account.
Parental Fitness: The physical and mental health of each parent is considered. The court may also evaluate any history of substance abuse, domestic violence, or neglect that could affect the child’s safety.
The Child’s Preferences: If the child is old enough and mature enough to express a preference, the court may take the child's wishes into account, though this is only one factor among many.
Work Schedules and Living Arrangements: Each parent’s ability to provide for the child’s daily needs and maintain a stable home environment is considered.

Joint Custody vs. Sole Custody

South Carolina courts typically favor joint custody arrangements when both parents are able and willing to participate in raising the child. However, sole custody may be granted to one parent if it is determined to be in the child's best interest, especially in cases involving parental unfitness or unsafe living conditions.

How Lowcountry Legal Solutions, LLC Can Help

At Lowcountry Legal Solutions, LLC, we understand that child custody decisions can be emotionally charged and legally complex. Our experienced family law attorneys are committed to guiding you through the custody process with compassion and clarity, ensuring that your child’s best interests are at the forefront.

If you are facing a child custody matter in South Carolina, contact Lowcountry Legal Solutions, LLC today for personalized legal assistance. We are here to help you protect your rights and secure the best possible outcome for your family.

Navigating Child Custody in South Carolina

Tue, 21 May 2024 18:41:13 GMT

Child custody matters are often the most challenging and emotionally charged aspects of a divorce or separation. Understanding the laws and processes involved is crucial for protecting your parental rights and ensuring the best outcome for your children. At Low Country Legal Solutions, LLC, we provide comprehensive legal support to help you navigate the complexities of child custody in South Carolina.

Understanding Child Custody in South Carolina

Child custody in South Carolina is determined based on the best interests of the child. The state recognizes two primary types of custody:

Physical Custody: Refers to where the child lives and the day-to-day care provided by the custodial parent.
Legal Custody: Involves the right to make significant decisions about the child's upbringing, including education, healthcare, and religious training.

Factors Influencing Custody Decisions

South Carolina courts consider various factors when determining the best interests of the child, including:

Parental Fitness: The mental and physical health of each parent.
Child's Preferences: Depending on the child's age and maturity.
Home Environment: The stability and suitability of each parent's home.
Parental Involvement: Each parent's involvement in the child's life and daily activities.
Co-parenting Ability: The willingness and ability of each parent to cooperate with the other in making decisions.

Types of Custody Arrangements

There are several possible custody arrangements that the court may order:

Sole Custody: One parent has both physical and legal custody of the child.
Joint Custody: Both parents share legal and/or physical custody, promoting the involvement of both parents in the child's life.
Split Custody: In cases involving multiple children, the court may award custody of one or more children to each parent, although this is less common.

The Child Custody Process

Filing a Petition: The process begins with one parent filing a petition for custody in family court.
Mediation: In South Carolina, parents are often required to attend mediation to try to reach an agreement before going to trial.
Evaluation: The court may order a custody evaluation by a mental health professional to assess the family dynamics and make recommendations.
Court Hearing: If mediation fails, a judge will hear the case and make a custody determination based on the presented evidence and testimonies.

Modifying a Custody Order

Circumstances change, and so can custody arrangements. If there is a significant change in circumstances, such as relocation, changes in the child's needs, or concerns about a parent's ability to care for the child, you may petition the court to modify the custody order.

Protecting Your Parental Rights

At Low Country Legal Solutions, LLC, we understand the profound impact that custody decisions have on both parents and children. Our experienced attorneys are dedicated to advocating for your rights and ensuring that the best interests of your child are prioritized. Here are some steps you can take to protect your parental rights:

Document Everything: Keep detailed records of your involvement in your child's life, including visits, communication, and financial support.
Maintain Stability: Provide a stable, nurturing environment for your child.
Cooperate with the Other Parent: Demonstrate your willingness to work collaboratively with the other parent for the benefit of your child.

Get Expert Help from Low Country Legal Solutions, LLC

Navigating child custody issues can be overwhelming, but you don't have to face it alone. At Low Country Legal Solutions, LLC, we are committed to providing personalized, compassionate legal support to help you achieve a favorable outcome. Whether you're seeking to establish custody, modify an existing order, or protect your parental rights, our experienced attorneys are here to guide you every step of the way.

Contact us today to schedule a consultation and learn how we can assist you with your child custody matters. Let us help you secure a brighter future for you and your child.

What to do after being served with divorce papers in South Carolina?

Fri, 19 Apr 2024 18:05:39 GMT

What to do after being served with divorce papers in South Carolina?

Going through a divorce is never easy, and when you are served with divorce papers, it can feel overwhelming. But fear not, there are steps you can take to protect yourself and your interests during this challenging time. At Lowcountry Legal Solutions, LLC, we understand the complexities of divorce proceedings in South Carolina and are here to assist you every step of the way.

The first thing you should do after being served with divorce papers is to read them carefully. Make sure you understand what is being asked of you and the deadlines for responding. It is crucial not to ignore these papers as failing to respond could result in a default judgment against you. If you have any questions or concerns about the paperwork, it's best to reach out to a qualified attorney who can provide guidance.

Next, consider hiring an experienced divorce attorney to represent you. A skilled lawyer can help protect your rights and navigate the legal process on your behalf. They can also provide valuable advice on how to approach negotiations regarding property division, child custody, and support payments. Having a knowledgeable advocate in your corner can make all the difference in achieving a fair outcome in your divorce case.

Once you have secured legal representation, it's important to gather all relevant financial documents and information. This includes bank statements, tax returns, pay stubs, retirement account statements, and any other documents that may be requested during the discovery phase of the divorce proceedings. Being organized and prepared will help streamline the process and ensure that accurate information is presented to the court.

During this time, focus on taking care of yourself both emotionally and physically. Divorce can be emotionally taxing, so it's essential to prioritize self-care activities such as exercise, therapy, or spending time with loved ones. Surround yourself with a strong support system that can offer guidance and encouragement as you navigate this challenging chapter in your life.

Lastly, try to approach negotiations with an open mind and willingness to compromise when necessary. While emotions may run high during divorce proceedings, maintaining a level head and working towards an amicable resolution can benefit both parties involved. Remember that the goal is not to "win" but rather to reach a fair agreement that allows both parties to move forward with their lives.

Being served with divorce papers in South Carolina can be a daunting experience, but by taking proactive steps such as seeking legal representation, gathering necessary documents, prioritizing self-care, and approaching negotiations with an open mind, you can navigate this difficult time successfully. Remember that Lowcountry Legal Solutions LLC is here to assist South Carolina residents with their divorce matters every step of the way. Stay strong and know that there is light at the end of the tunnel.

Hiring a Spousal Support Attorney in South Carolina

Mon, 01 Apr 2024 17:56:14 GMT

Going through a divorce can be emotionally taxing and overwhelming, especially when it comes to matters of spousal support. In South Carolina, the laws surrounding spousal support can be complex and difficult to navigate on your own. This is why hiring a spousal support attorney is essential to ensure that your rights are protected and that you receive a fair outcome in court.

A spousal support attorney specializes in handling cases related to alimony, also known as spousal support. They have a deep understanding of South Carolina's laws regarding alimony and will work tirelessly to advocate for your best interests. Whether you are seeking alimony or disputing the amount requested by your spouse, a skilled attorney can help you navigate the legal process and ensure that you receive a fair outcome.

One of the key benefits of hiring a spousal support attorney is their ability to negotiate on your behalf. Your attorney will work with your spouse's legal representation to reach a settlement that is fair and reasonable for both parties. By having an experienced attorney by your side, you can avoid costly mistakes and ensure that your rights are protected throughout the negotiation process.

In cases where an agreement cannot be reached through negotiation, your spousal support attorney will represent you in court. They will present evidence, call witnesses, and argue on your behalf to secure a favorable outcome. By having a knowledgeable attorney on your side, you can rest assured knowing that you have someone fighting for your best interests every step of the way.

Additionally, hiring a spousal support attorney can help expedite the legal process and save you time and money in the long run. An experienced attorney will handle all aspects of your case efficiently, ensuring that deadlines are met and paperwork is filed correctly. By entrusting your case to a skilled professional, you can focus on moving forward with your life while knowing that your legal matters are being handled with care.

Going through a divorce is never easy, but having a knowledgeable spousal support attorney on your side can make all the difference. If you are facing issues related to alimony in South Carolina, don't hesitate to seek out professional legal representation. A skilled attorney will guide you through the legal process, advocate for your best interests, and work towards securing a fair outcome in court. Remember, you don't have to navigate this challenging time alone – reach out to a spousal support attorney today for the help and guidance you need.

Understanding Probate in South Carolina

Tue, 20 Feb 2024 16:42:05 GMT

Understanding Probate in South Carolina

Probate is a legal process that occurs after someone passes away, and it involves the distribution of their assets to their heirs and beneficiaries. It is important to understand how probate works in South Carolina because it can be a lengthy and complex process. In this blog post, we will answer some common questions about probate in South Carolina, including how long it takes, why it might take a few months, and how an attorney can help.

How long does probate take?

The answer varies depending on several factors such as the size of the estate and whether or not there are any disputes among heirs. In general, most probate cases take between six months to one year to complete in South Carolina. This timeline may be extended if there are any challenges to the will or if there are complications with distributing assets.

Why might it take a few months?

There are several reasons why probate might take a few months to complete. One reason is that the executor must locate all of the deceased person's assets and determine their value before they can distribute them. This can be a time-consuming process, especially if the person owned multiple properties or had investments spread across various accounts. Additionally, creditors have up to eight months after death to file claims against the estate, which can delay distribution until those claims are resolved.

How can an attorney help?

An experienced attorney can assist with navigating the probate process by providing legal guidance and support throughout each step. They can help ensure that all necessary documents are filed correctly and on time while also ensuring that all debts owed by the estate are paid off before distributing assets to beneficiaries. Additionally, an attorney can represent you if any disputes arise during probate proceedings.

At Lowcountry Legal Solutions LLC., we offer expert legal assistance with probate matters for South Carolina residents. Our experienced attorneys understand the complexities of probate law and can work with you to ensure that your loved one's assets are distributed according to their wishes. We can also provide legal representation in court if necessary, ensuring that your rights and interests are protected.

Probate is an important process that ensures that a person's assets are distributed according to their wishes after they pass away. Although it can be a lengthy process, having an experienced attorney on your side can make the probate process easier and less stressful. At Lowcountry Legal Solutions LLC., we are committed to providing the South Carolina public with expert legal assistance for all probate matters. Contact us today to learn more about how we can help you navigate the probate process.

What Are The Key Documents in Every South Carolina Divorce Case?

Wed, 31 Jan 2024 16:55:17 GMT

What Are The Key Documents in Every South Carolina Divorce Case?

Getting a divorce is one of the most challenging times in a person's life, no matter how amicable the separation may be. Aside from the emotional and psychological difficulties that come with it, the legal process of divorce can be overwhelming and confusing, especially for those who are not well-versed in family law. The smallest mistake can cause significant legal setbacks, and it's essential to have proper legal representation throughout the divorce process. In South Carolina, certain critical documents can make or break a divorce case, and in this blog post, we will take an in-depth look at what they are.

The Petition for Divorce

The first step in a South Carolina divorce case is filing a petition. The divorce petition is a legal document that asks the court to grant a divorce from the other party. This document is also the starting point for the legal proceedings and sets the tone for the case. It's essential to make sure that the petition is accurately filled out and that all the necessary information is included. An experienced divorce attorney can help ensure that this document is accurately and thoroughly completed.

Proof of Service Notifying the Other Party That a Divorce Lawsuit Has Been Filed

After filing the petition for divorce, the other party must be notified that a lawsuit has been filed. This is typically done through a process server or a sheriff's deputy serving the other party with a copy of the petition for divorce. The proof of service is filed with the court to prove that the other party was properly served. Without proper notification, the divorce case cannot move forward.

Agreement or Decree of Divorce

The final critical document in a South Carolina divorce case is the agreement or decree of divorce. This document is the final order of the court, that legally ends your marriage. The Agreement sets forth the terms agreed to by the parties, whereas a Decree is more formal and detailed. It's crucial that this document is well-crafted to avoid any legal loopholes and ensure a fair outcome. It's best to have a skilled divorce attorney by your side who can help create or review these documents with you.

How Can an Attorney Help?

At Lowcountry Legal Solutions, LLC, we have handled countless divorce cases, and we can help you navigate the complex legal process. An experienced divorce attorney can help ensure that you understand the requirements of divorce, create documents that protect your interests, and guide you through the legal proceedings. At times, divorce can be contentious, and having a skilled attorney can mitigate the emotional and financial impact of a tumultuous separation.

In conclusion, divorce involves complex legal processes and vital documents. Making mistakes during the process can worsen the emotional and financial cost of divorce. It's highly advisable to have a knowledgeable legal representative by your side to navigate the legal processes and ensure that key documents are well-crafted. At Lowcountry Legal Solutions, LLC, we care about our clients’ well-being and work towards achieving a fair outcome. We hope that this blog post has shed some light on the essential documents required in a South Carolina divorce case and provided valuable insights into the divorce process. If you're looking for a dedicated and compassionate divorce attorney on Hilton Head Island, we're here to help you.

What You Need to Know About Revoking and Replacing Your Power of Attorney

Sat, 16 Dec 2023 22:06:51 GMT

A power of attorney is a crucial legal document that grants a designated person the authority to make decisions and act on your behalf. It is a powerful tool that can help manage your finances, healthcare, and other important matters. However, as circumstances change, you might want to consider revoking or replacing your power of attorney. In this blog post, we will discuss the grounds for revoking your power of attorney, the process of replacing it, and how an attorney can help you.

Grounds for Revoking Your Power of Attorney

Revoking a power of attorney means taking away the decision-making powers from the agent. Some of the common reasons for revoking a power of attorney are as follows:

1. Death or incapacity of the agent

2. Change in circumstances, such as a change in the agent's life situation or a change in your own needs.

3. Lack of trust in the agent's decision-making abilities

4. Dissent among family members regarding the same.

Replacing Your Power of Attorney

If you need to replace your power of attorney, there are several steps you need to follow:

1. Start by preparing a new power of attorney document that contains the updated information.

2. Once you have a new document, you should legally revoke the old one.

3. Communicate the changes to all relevant parties, such as your new agent, your healthcare provider, and your financial institution.

4. You may also need to update other estate planning documents to ensure consistency with your power of attorney.

How an Attorney Can Help

It's always a good idea to speak to a knowledgeable attorney when revoking or replacing your power of attorney. Here are some ways they can assist you:

1. A skilled attorney can advise you on the appropriate grounds for revoking or replacing your power of attorney.

2. They can help prepare a new power of attorney that complies with South Carolina law and your specific needs.

3. An attorney can also assist in communicating the changes to all relevant parties.

4. Finally, an attorney can provide peace of mind by reviewing your power of attorney periodically to ensure that it remains in line with your wishes.

A power of attorney is a powerful and useful legal tool, but changes in circumstances may require you to revoke or replace it. If you're unsure of the process or need guidance, consult with a trusted attorney. With their expertise, you can navigate the legal requirements and make the right decisions for your situation.

What Are The Key Documents in Every South Carolina Divorce Case?

Fri, 03 Nov 2023 17:16:54 GMT

What Are The Key Documents in Every South Carolina Divorce Case?

Divorce is a challenging process that can be emotionally and financially draining. There is a lot of paperwork involved, and understanding the legal documents required can be confusing and overwhelming. In South Carolina, some key documents are needed to initiate a divorce case, and it is crucial to understand their purpose and significance. In this blog post, we will discuss the key documents in every South Carolina divorce case and how an attorney can help you navigate the process.

The petition for divorce

The petition is the official document that initiates a divorce case, and it outlines the legal grounds for the divorce. In South Carolina, there are five grounds for divorce, including adultery, desertion, physical cruelty, habitual drunkenness, and one year's continuous separation. The petitioner must file the complaint with the court and serve a copy to the other spouse. It is essential to provide accurate information in the complaint as it sets the framework for the entire proceeding.

Proof of service notifying the other party that a divorce lawsuit has been filed

In South Carolina, the defendant must be officially served with a copy of the complaint and summons. This document confirms that the other party has been notified of the legal action. In some cases, the other party may waive the right to service, but it is more common for it to be formally served.

Agreement of decree of divorce

This agreement is also known as a marital settlement agreement or property settlement agreement. It outlines the terms of the divorce settlement, including child custody, child support, spousal support, and the division of property and debts. This document is signed by both parties, and it is essential to ensure that it accurately reflects the intentions of both parties.

How can an attorney help?

Divorce can be a complicated process, and it is recommended that you seek legal guidance to ensure that the process runs smoothly. An attorney can help by providing legal advice, preparing the necessary documents, representing you in negotiations, and, if necessary, arguing your case in court. An experienced attorney can also determine if there are alternative dispute resolution methods available, such as mediation or collaborative divorce, that may be more appropriate for your situation.

At Lowcountry Legal Solutions, LLC, we can assist the South Carolina public with contested divorce matters. Our team of experienced attorneys can help you navigate the complex legal proceedings and ensure that your rights are protected. We understand that divorce can be a stressful experience, and we are committed to providing compassionate and personalized legal representation to our clients.

Divorce is not an easy process, but understanding the key documents required can help make the process a little less daunting. It is important to seek legal guidance from an experienced attorney who can provide you with the necessary guidance and support you need to navigate the proceedings. At Lowcountry Legal Solutions, LLC, we understand the complexities of divorce law and are here to help you every step of the way. Contact us today to schedule a consultation and learn more about how we can assist you.

Understanding Probate and Types of Probate Litigation Cases

Mon, 30 Oct 2023 20:32:33 GMT

Losing a loved one is a difficult time in anyone's life. Unfortunately, with the loss of a loved one, there's also the subsequent process of probate. Many individuals have heard of probate, but very few understand what it is and how it works. What's more, there are different types of probate litigation that individuals can end up facing, which can add stress and more complications to the matter. In this blog post, we'll break down the basics of probate, explore different types of probate litigation, and discuss how an attorney can help.

Understanding Probate

Probate is the legal process that takes place after someone dies. It involves validating the deceased person's will, identifying their assets, paying off any outstanding debts and taxes, and distributing the remaining assets to the beneficiaries. The probate court oversees this process and ensures that everything is done correctly.

The probate process can be lengthy and expensive. The length of probate can vary depending on the size and complexity of the estate. Furthermore, the probate fees and taxes can eat into the amount that's left for beneficiaries. There may also be risks of fraud during this process, making probate litigation a reality for some individuals.

Understanding Probate Litigation

Probate litigation is when a dispute arises between one or more parties during the probate process. This can occur for many reasons, such as questioning the validity of the will, disputing the executor's actions, or challenging the distribution of assets. It's essential to note that probate litigation can be a time-consuming and costly process, but in some cases, it's necessary to ensure that the wishes of the deceased are met.

There are many types of probate litigation cases, some of which include will contests, trust disputes, and claims against an estate's assets. A will contest is when someone challenges the validity of the deceased's will. A trust dispute occurs when the beneficiaries disagree with the trustee's actions. Lastly, claims against an estate's assets can take many forms and include anything from fraud to inheritance disputes.

How can an attorney help?

An attorney can be of great assistance during the probate litigation process. They can assist in contesting a will or defending the validity of the document. They can also provide advice on asset protection and help identify any issues that may arise during the probate process.

An attorney is especially important in cases of alleged fraud or disputes over the distribution of assets. Probate litigation can be a lengthy and complex process, and with an attorney's help, this process becomes less of a headache for everyone involved.

Probate and probate litigation can be a complicated and challenging process to go through, but it's essential to ensure that the deceased's wishes are met. An attorney can provide the necessary assistance and support in navigating the complex legal system. It's vital to have professional help so that all parties involved are treated fairly and that everyone's rights are protected. By understanding probate and probate litigation, South Carolina residents can be better equipped to handle any issues that may arise in the future.

Reevaluating Your Alimony in South Carolina

Fri, 29 Sep 2023 17:49:39 GMT

Alimony is a financial support that one spouse can provide to the other after a divorce, and it is meant to help the dependent spouse maintain a relatively similar lifestyle after the marriage ends. However, circumstances change, and what once made perfect sense may no longer apply. This can lead to an alimony modification, which allows for the terms of the post-divorce financial support to be altered. In this blog post, we will explore the factors that can indicate a need for modification, the effect of financial stress on alimony, and how an attorney can help with the process.

1. Changes of Circumstances Supporting Alimony Modification

As previously mentioned, when circumstances change, alimony can and should change as well. If you are petitioning for an alimony modification in South Carolina, it is vital to prove that your new circumstances warrant a modification of the original agreement. The most typical circumstances that can lead to a modification of alimony include:

a. Change in pay or job position

b. Illness or disability

c. Retirement

d. Remarriage or cohabitation

e. Changes in the children's situation.

2. Financial Stress and Alimony

In South Carolina, alimony payments aim to support the dependent spouse's expenses and avoid creating a disparity of living standards between the spouses after the divorce. However, financial stress can have a significant impact on alimony payments. If the paying spouse is suffering financial hardship, they may seek a reduction of alimony payments. In contrast, if the dependent spouse is experiencing financial hardship, they may seek to increase them. To determine whether alimony payments can be modified due to financial stress, your family law attorney can evaluate your financial statements and provide an estimation of probable outcomes.

3. How an Attorney Can Help

When navigating South Carolina's alimony modification process, it's best to seek legal counsel from an experienced family law attorney. The attorney will help you file the right paperwork, present the necessary evidence, and negotiate with your ex-spouse's attorney or the court, if necessary. Additionally, an attorney can help you understand the relevant laws and your rights and responsibilities throughout the case. A family law attorney will also be able to advocate on your behalf and ensure that the outcome is fair and balanced for all parties involved.

4. How to Petition for Alimony Modification in South Carolina

When filing a petition for alimony modification in South Carolina, the first step is to hire an attorney. After that, your lawyer will file a motion in family court and provide documentation supporting the request. Once the court receives the motion, it will set a hearing date. At the hearing, both parties will be given the chance to present their arguments for or against the modification, and a judge will make a ruling. It is important to remember that alimony modification is not granted in all cases, and the petitioner has the burden of proof to show the need for modification.

Overall, alimony payments can and should be modified based on changed circumstances. If you are considering an alimony modification in South Carolina, you should first consult with an experienced family law attorney. Your attorney can evaluate your situation and provide guidance on the legal process of filing a motion for modification. Meanwhile, you should keep in mind that there are specific legal requirements that must be met to modify an alimony order. However, with the right legal team by your side, you can obtain the best possible outcome that serves your family's best interests.

What to Do When Your Ex Refuses to Pay Spousal Support

Thu, 31 Aug 2023 18:04:28 GMT

Divorce can be a tough and emotional process. One of the major concerns for spouses going through a divorce is spousal support, also known as alimony. The court order requiring your ex-spouse to pay spousal support is legally binding, and if they refuse to pay, you have the right to take legal action. In this blog post, we will discuss what options you have if your ex-partner refuses to pay spousal support in South Carolina.

1. Seek Legal Assistance: The first and most important step to take when your ex-spouse refuses to pay spousal support is to consult with a family law attorney. Your attorney will help you understand your legal rights and options. Your attorney can also help you communicate with your ex-partner and their legal representative to settle the issue.

2. File a Contempt Motion: If your ex-partner fails to pay spousal support as ordered by the court, you can file a contempt motion. This motion asks the court to hold the non-paying spouse in contempt of court, which can result in fines and ordered compliance. Filing a contempt motion is a legal process, and working with an attorney is recommended.

3. Wage Garnishment: Another option to enforce spousal support payments is to get a wage garnishment order from the court. This order directs your ex-partner's employer to deduct the money directly from their paycheck and send it to you. This can ensure regular payments and simplify the process for both parties.

4. Seek Enforcement from the Department of Social Services: If your ex-partner is receiving government assistance, such as unemployment benefits or workers' compensation, you may be able to seek enforcement through the Department of Social Services (DSS). DSS can intercept and redirect a portion of these benefits to go towards spousal support payments. This is another great option to pursue if your ex-spouse is not meeting their court-ordered obligations.

5. Negotiate a Settlement: If your ex-spouse is unable to pay spousal support, you may be able to negotiate a different settlement. This can be done through mediation or legal negotiation. Your attorney can help you come to an agreement that works for both parties and supports your financial needs.

Spousal support is an important issue that must be handled with care and attention. If your ex-partner is refusing to pay spousal support, there are steps you can take to enforce the court order or negotiate an alternative agreement. Seeking legal assistance is crucial to ensure that your rights are protected and you receive the support you need. Don’t let the stress of non-payment consume you. Take action today and protect your financial future.

Understanding Child Support in South Carolina

Wed, 05 Jul 2023 01:55:03 GMT

Understanding Child Support in South Carolina

Child support is an important obligation that parents have to their children. In South Carolina, child support is calculated based on a variety of factors, including both parent's income and expenses. However, some parents may find themselves unable to pay child support or dealing with an ex who refuses to make payments. At Lowcountry Legal Solutions, LLC, we help parents navigate these complex issues and ensure that their children's best interests are always the top priority.

How is child support calculated in South Carolina?

In South Carolina, child support is calculated based on a formula that takes into account both parent's incomes, as well as other expenses like child care and medical costs. Each parent will be responsible for a portion of the total amount, with the non-custodial parent typically paying the larger share. It's important to note that child support payments can be modified over time if a parent's financial situation changes significantly.

What happens if I am unable to pay child support?

If you find yourself unable to make your child support payments, it's important to take action as soon as possible. Ignoring the problem will only make things worse in the long run. You may be able to negotiate a payment plan or seek a modification of your child support order. However, keep in mind that failing to pay child support can result in serious consequences, such as wage garnishment or even jail time.

What are my options if my ex refuses to pay child support?

If your former partner is refusing to make their child support payments, you have several options available to you. First, you can contact the South Carolina Department of Social Services, which can help enforce child support orders. You may also be able to seek legal assistance to file a motion for contempt of court. In some cases, it may even be necessary to bring a civil lawsuit against your ex to recover the missed payments.

Do child support payments stop once the child is 18?

In South Carolina, child support payments typically continue until the child reaches the age of 18 or graduates from high school, whichever comes later. However, there are some exceptions to this rule. For example, if the child has special needs or is attending college full-time, child support payments may continue beyond age 18. It's important to consult with a legal professional to understand your rights and obligations regarding child support.

Child support can be a complex and emotional issue for many parents. Whether you're struggling to make your payments or dealing with an ex who won't pay their fair share, it's important to seek legal guidance to protect your children's rights and interests. At Lowcountry Legal Solutions, LLC, we can help you navigate the child support system in South Carolina and ensure that you're able to provide for your children's well-being. Contact us today to learn more.

But wait.... I can't just sign for this? Guardianship and Conservatorship in South Carolina

Tue, 28 Jan 2020 14:21:32 GMT

But wait.... I can't just sign for this? Guardianship and Conservatorship in South Carolina

South Carolina takes the protection of persons and their financial interests very seriously. There are at least four (4) different (kind of) roles which can be played by a person to act on behalf of another person. Two of them are called "guardians" and one is called a "guardian ad litem." The fourth is called a "conservator." Very easy and not confusing at all. Sure.

But there are distinctions to be made, at least from a general perspective. What really matters is "what decisions are you trying to make," and "who you are making them for." Answering these two questions will determine the "where do you get this power and authority," and "how, " from the legal perspective.

Working backwards, because why not, let's start with "conservator" and "conservatorship"... Let's say you have an adult child. Very sadly, that child has fallen into a vicious cycle of drug abuse and despite your and your child's best efforts and sacrifices, they keep relapsing. After repeatedly spending their paychecks or what little money you can spare on their addiction, you finally decide it is time for tough love and take control of their finances. They have some money left in their accounts, they have a car that is paid off, they may have some other assets which need to be protected, and some creditors who need to be paid.

You've decided the who and the what. Your adult child, financial decision responsibility.

This leads you to the where and the how. South Carolina Probate Courts have jurisdiction to hear "conservatorship" cases. This case, if successful, would allow you, or another third party, to be named "conservator" for your adult child's financial decision making authority and responsibility over their assets and debts. This is a big responsibility, and the process requires a finding of "incapacity" which results in their inability to understand and make responsible decisions relating to their finances. The court process to be named conservator, particularly if it is contested, will be an expensive and difficult one. There is a way it can be avoided with thousands of dollars saved. Read to the end to find out...

The twin Guardians. These are much more commonly known and understood roles. And they deal with the same "what," only the "who" changes, and that results in a change of the "where" and "how."

A guardian is a person with the responsibility to determine the personal and custodial needs of another individual. They will decide where the person lives, who does the day-to-day care, comfort and "maintenance," of that individual. A guardian handles everything which is not financially related, but oftentimes a guardian and conservator are one and the same.

The difference is whether the person is a minor under the age of 18. If so, then the "where" is a South Carolina Family Court. If not, and the person is an adult, then it is back to the Probate Court, and the individual must again be found to have 'incapacity.' The proper county is the one where the alleged incapacitated or minor person reside.

In all these cases, a thorough case will need to built to support the appointment of the person offering or seeking to become the conservator or guardian. They will need to demonstrate their own financial worthiness (credit and background checks) and their own ability to make sound decisions on behalf of another (SLED reports). The incapacity of the individual will need to be established (physicians and/or examiners, visitors).

In all cases, a person who represents the interests of the minor or alleged incapacitated person will be appointed by the Court. This is the fourth - a Guardian ad litem. This is most often an attorney who is appointed by the Court to act as the voice and defense for the person whose rights are being abrogated.

How to avoid all this complexity, cost, time, and stress...

Estate planning. Even the most basic estate plan will at least look at the potential for these duties to be necessary.

Do you believe your child may be prone to a drug dependency? Do you believe it is possible that you may not make it home tonight to see your child?

These are heart-sinking thoughts. Why? Because you care about the people who would be affected by a "yes" answer. Because the "yes" answer enters an unknown territory with unexpected events. Territories and events that is un-mapped and unplanned for.

I can take you through my process and, in the most gentle way I know, help you to understand what situations create the biggest question marks for you (the un-mapped territory). What situations would cause you the most worry (the unplanned for event). And that is what we plan for. So you can have a map and a plan. Knowing that those people you care about will not be faced with having to know the ins and outs of the legal processes described above. It is a great gift to yourself and them.

The SECURE Act and IRAs in Estate Planning

Wed, 18 Dec 2019 14:24:19 GMT

The SECURE Act and IRAs in Estate Planning

US Congress must pass the 2020 budget bill to by this Friday, December 19 to avoid a government shutdown. Attached to the budget is a new Act which has been gaining momentum for several years. The Setting Every Community Up for Retirement Enhancement (SECURE) Act seeks to make several changes to the use of traditional Individual Retirement Accounts including, among other things:

repealing the maximum age for IRA contributions
raising the retirement age from 70 1/2 to 72 (the year when required minimum distributions are triggered)
allows small business to enter into pools of 401(k) plans and receive tax benefits for automatically (opt-out instead of opt-in) enrolling their employees into the plans
part-time workers may be eligible for retirement benefits
allows for annuities to be used in retirement plans by employers

And much more.

There is one major drawback for estate planning purposes, and that is the changes to what happens to remaining IRA money after death of the account owner. Currently, an account owner may 'stretch' the IRA over the course of a beneficiary's lifetime. This allows for much more time for the principal in the account to grow tax free.

In simple terms - a person has a traditional IRA (taxed when you withdraw the money, not when you contribute it, typically anticipating a lower tax bracket on retirement). The person does well and they do not need to fully liquidate all the money from the IRA for their retirement. There is money leftover when they pass away. The beneficiary of the account is say 25 years old. They can use the IRS life expectancy tables to withdraw that money (required minimum distributions) over their anticipated lifetime. This allows for the bulk of the money to grow tax deferred, and minimizes the impact on their own income tax each year.

Under the SECURE Act, this changes. Under most circumstances, the entire account will need to be distributed within 10 years after the death of the IRA owner. This can and will cause a lot of headaches for people who are using the IRA as an estate planning tool to help younger beneficiaries (perhaps even under the age of majority) receive money for their lifetimes. Now that 25 year old in our example above will have to distribute potentially large amounts of money until their 35 and owe income tax on the same. This could be a major cause for concern.

While it is not totally clear how to deal with this from an estate planning perspective yet (the Act still needs to pass), there are some existing trust tools, using certain types of IRA beneficiary trusts, which could help divert some of these concerns and manage the risks created by these new rules.

Who handles your trust?

Mon, 16 Dec 2019 17:16:27 GMT

Who handles your trust?

This article came to my attention this morning:

https://www.wdsu.com/article/woman-posing-as-lawyer-accused-of-emptying-mans-dollar2m-trust-fund/30224617#

The unfortunate victim of the fraud was told by the suspect that she was with his trust's administration firm, when she was not. This resulted in him being defrauded for a great deal of money and assets.

Fortunately there is not any apparent wrongdoing by the firm managing the man's trust.

It is important to remember to pick trustees wisely and even more important to know who they are. Meaning that you should be wary of picking "XYZ Trust Corporation" to handle the administration of your trust for the beneficiaries. You don't always know who is behind the scenes filling out forms, checking boxes, and signing documents.

Remember, you have control over your assets and wealth planning. You can choose your trustees, you can choose the successor trustees if your first pick cannot or will not serve, you can choose whether there needs to be trustee removal terms built in to the trust, and you can limit trustee powers. All of these things can be tailored to your exact wants.

Fraud like the case in Louisiana unfortunately does happen, but you can balance your risk through thoughtful planning on who will be your trustee. Hopefully the victim here will be made whole, and the real trust administration firm will not be tarnished as a result of this crime.

blair-streitenberger

South Carolina Raises the Small Estate Limit: A Simpler Path Through Probate in 2025

What Does "Small Estate" Mean, and How Does the New Limit Help?

Why This Matters for Lowcountry Families

A Few Important Notes

We're Here to Help

EXCITED ABOUT THE BITCOIN RALLY? DON’T FORGET TO INCLUDE IT IN YOUR ESTATE PLANNING

What Types of Assets Can Be Included in a Prenuptial Agreement in South Carolina?

What Types of Assets Can Be Included in a Prenuptial Agreement in South Carolina?

Assets Commonly Included in South Carolina Prenuptial Agreements:

1. Real Estate Property

2. Financial Accounts

3. Business Interests

4. Personal Property

5. Debt and Financial Obligations

6. Future Income and Earnings

7. Spousal Support (Alimony)

Assets Typically Not Covered:

Seek Professional Legal Guidance

How to Avoid Probate in South Carolina: Essential Strategies for Protecting Your Estate

How to Avoid Probate in South Carolina: Essential Strategies for Protecting Your Estate

Effective Strategies to Avoid Probate in South Carolina

1. Establish a Living Trust

2. Joint Ownership with Right of Survivorship

3. Beneficiary Designations

4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts

5. Small Estate Administration

Consult with an Estate Planning Attorney

Is a Verbal Contract Enforceable in South Carolina?

Is a Verbal Contract Enforceable in South Carolina?

﻿ The Validity of Verbal Contracts in South Carolina

Exceptions to Enforceability

Why You Should Seek Legal Advice

Consequences of Failing to Pay Spousal Support in South Carolina

Consequences of Failing to Pay Spousal Support in South Carolina

﻿ What Happens If You Don’t Pay Spousal Support in South Carolina?

What to Do If You Cannot Pay Spousal Support

How Lowcountry Legal Solutions, LLC Can Help

What Is the Difference Between a Will and a Trust in South Carolina?

What Is the Difference Between a Will and a Trust in South Carolina?

﻿ What Is a Will?

What Is a Trust?

Key Differences Between a Will and a Trust

Which Option Is Right for You?

How Lowcountry Legal Solutions, LLC Can Help

What Are the Documents Required to Form an LLC in South Carolina?

What Are the Documents Required to Form an LLC in South Carolina?

﻿ Key Documents Needed to Form an LLC in South Carolina

How Lowcountry Legal Solutions, LLC Can Help

Why Do I Need an Estate Lawyer for a Special Needs Trust?

Why Do I Need an Estate Lawyer for a Special Needs Trust?

Legal Complexities of Special Needs Trusts

Avoiding Common Mistakes

Ongoing Legal Support

How Long Does Probate Take in South Carolina?

How Long Does Probate Take in South Carolina?

﻿ Typical Timeline for Probate in South Carolina

Factors That May Prolong Probate

Simplified Probate for Smaller Estates

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How is Child Custody Determined in South Carolina?

How is Child Custody Determined in South Carolina?

Navigating Child Custody in South Carolina

Understanding Child Custody in South Carolina

Factors Influencing Custody Decisions

Types of Custody Arrangements

The Child Custody Process

Modifying a Custody Order

Protecting Your Parental Rights

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What to do after being served with divorce papers in South Carolina?

What to do after being served with divorce papers in South Carolina?

Hiring a Spousal Support Attorney in South Carolina

Understanding Probate in South Carolina

Understanding Probate in South Carolina

How long does probate take?

Why might it take a few months?

How can an attorney help?

What Are The Key Documents in Every South Carolina Divorce Case?

What Are The Key Documents in Every South Carolina Divorce Case?

The Validity of Verbal Contracts in South Carolina

What Happens If You Don’t Pay Spousal Support in South Carolina?

What Is a Will?

Key Documents Needed to Form an LLC in South Carolina

Typical Timeline for Probate in South Carolina