What Are Probate and Non-Probate Assets in South Carolina?

As a probate attorney in Summerville, South Carolina, I get asked questions about what assets are subject to probate. Probate is a general term for the entire process of administration of estates of the deceased, including those without wills, with court supervision. The first step in the process is proving a will is valid and [...]

Suit to Quiet Title in South Carolina

As a real estate and probate attorney in Summerville, South Carolina, I frequently deal with quiet title actions in South Carolina. In a previous post, I discussed quiet title actions in general terms. In this article, I explain when you might find yourself involved in a quiet title action (or the basic reasons for a quiet [...]

Tenants in Common vs. Joint Tenants with Rights of Survivorship

As a Summerville, South Carolina, probate and real estate attorney, I have helped many people who needed to differentiate between Tenants in Common and Joint Tenants with Rights of Survivorship.In this article, I will review the basic differences between joint tenants and tenants in common, and how survivorship is treated by each type of tenant classification. [...]

Why is a Healthcare Power of Attorney Important?

As a Summerville probate attorney, I have helped many people who needed to complete a Health Care Power of Attorney (PoA) for themselves or a loved one.  The purpose of a Health Care PoA form is to allow someone else to make medical decisions on your behalf should you be unable to make them yourself. Though [...]

What is a Living Will and Why is it Useful?

It has been 11 years since the landmark Terri Schiavo case was decided in 2005.  As most memories tend to be more easily forgotten the older they become, it is no surprise that many people today still don't plan for and sign a living will. For those that don't remember the case, Mrs. Schiavo was [...]

2017-11-03T07:56:04+00:00November 15th, 2016|Categories: Probate|

Heir’s Property Law in South Carolina

If you've been in the Summerville or Charleston area long enough, you've probably heard the phrase "Heir's Properties".  Many people, including those living on or with a claim to heir's property, may not be sure what it means. After the Civil War, many African-Americans purchased or were deeded land around the Lowcountry.  Many of these [...]

2017-11-03T09:17:39+00:00November 15th, 2016|Categories: Probate, Real Estate|Tags: |