Estate planning becomes significantly more complex when the settlor (trust creator), who is also the sole trustee, shows early signs of cognitive impairment, dementia, or has a family history suggesting future capacity concerns. One strategy to reduce the uncertainty involves…
Special Needs Trusts (SNTs) represent an important estate planning tool for families caring for disabled or incapacitated loved ones. These specialized legal instruments fill in the gaps not covered by government benefits, allowing families to provide financial support to the…
When a person dies without a valid will in South Carolina, they are said to have died "intestate." This situation triggers a specific set of laws that determine how the deceased person's property will be distributed among surviving family members.…
In South Carolina, the probate administration process is lengthy, expensive, and public. One of the most common methods to avoid probate is by establishing a revocable trust and funding it with assets prior to death; however, there are alternative ways…
When a Tennessee borrower files for bankruptcy while going through foreclosure, lenders immediately face long-term title risks and legal exposure. Bankruptcy filings trigger the automatic stay, stopping foreclosure activity and collection efforts. At this stage, brief missteps by a lender…
As a Tennessee lender, you know that priority is everything. Should a borrower default on a loan, the order in which creditors are paid determines whether you recover everything you’re owed, some of what you’re owed, or nothing at all.…
When you have to evict a tenant, the process is stressful, expensive, and time-consuming. Even when you do everything right, the process can cost you months in lost income. Disputes often come down to what a lease does—or does not—say.…
Property damage is one of the most common issues landlords face. Whether it happens intentionally or through general negligence, property damage is frustrating. However, if you act too quickly or without the necessary documentation, you risk being accused of retaliation.…
A Healthcare Power of Attorney (HCPOA) is a vital legal document that ensures your healthcare decisions are respected if you become incapacitated. In South Carolina, having an HCPOA can prevent unintended outcomes, reduce stress for your loved ones, and provide…
With 50% of US marriages ending in divorce, estate planning for blended families is something all practitioners must deal with. Blended families, often where one or both spouses have children from a prior marriage, present issues that are often concealed…