Guides
South Carolina probate articles
- Estate Planning Malpractice: South Carolina Adopts Expanded Rule of Liability
2019-09-23
The rules for estate planning malpractice vary widely across the country, as different jurisdictions have struggled with how much "privity" is enough for an "intended" beneficiary of an estate plan to sue the estate planning attorney. A cas…
- How Do You Make a Valid Will In South Carolina?
2021-02-19
To make a valid will under South Carolina law, the will must be: In writing; Signed by the testator; Witnessed and signed by two witnesses. The requirements to make a valid will under South Carolina are found at S.C. Code § 62-2-502.…
- Is Common-Law Marriage Recognized In South Carolina?
2022-02-17
Whether common-law marriage is recognized in South Carolina depends on your timing. In the July 24, 2019 opinion of Stone v. Thompson, the South Carolina Supreme Court abolished common law marriage, but did so only prospectively. Therefore,…
- South Carolina Supreme Court: Arbitration Agreement Signed By Power of Attorney Unenforceable
2021-03-24
On March 10, 2021, the South Carolina Supreme Court, in Arrendondo v. SNH SE Ashley River Tenant LLC issued a reminder that a power of attorney gives only the authority it grants, and cannot be used beyond its plain language. The Facts of A…
- South Carolina Supreme Court: No Surviving Spouse Status In Dispute Over "Godfather of Soul" James Brown’s Estate
2020-06-22
In a June 2020 decision, Brown v. Sojourner , the South Carolina Supreme Court addressed the surviving spouse status of the "Godfather of Soul" James Brown’s purported surviving spouse , Tommie Rae Brown, where Tommie had not annulled her p…
- Surviving Spouse Rights South Carolina
2019-09-23
A South Carolina surviving spouse has many important rights under South Carolina law, including: Intestate Share Omitted Spouse Rights Elective Share Homestead Rights Exempt Property In order to preserve all rights and benefits granted unde…
- Who Are Next Of Kin In South Carolina?
2020-08-27
The term “next of kin” is often used synonymously with “heirs at law” in South Carolina. When a South Carolina resident dies without a will, their next of kin heirs at law are those in line to inherit their intestate estate, and are general…