Who handles your trust?

Dec 16, 2019

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.

19 Apr, 2024
What to do after being served with divorce papers in South Carolina?
01 Apr, 2024
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.
20 Feb, 2024
Understanding Probate in South Carolina
31 Jan, 2024
What Are The Key Documents in Every South Carolina Divorce Case?
16 Dec, 2023
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.
03 Nov, 2023
What Are The Key Documents in Every South Carolina Divorce Case?
30 Oct, 2023
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.
By Blair Streitenberger 29 Sep, 2023
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.
By Blair Streitenberger 31 Aug, 2023
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.
05 Jul, 2023
Understanding Child Support in South Carolina
More Posts
Share by: