The Living Will is an advance directive that articulates one’s preferences as to certain circumstances in which they would or would not want their life prolonged. The Living Will is ONLY applicable for decisions if you are terminally ill or permanently unconscious. Without the living will, you force your family members to make very difficult decisions concerning what will or …

Everyone should have a will or trust document that indicates how they would like their property to be distributed upon their death. Dying without a will in South Carolina is referred to as dying “intestate” and all states have specific laws that govern who is entitled to your estate if you don’t leave any directions yourself. The rules for South …

Most people do not die instantly. Usually, they go through some period of incapacity. In South Carolina, a power of attorney is a document by which you designate an agent of your choice to act on your behalf and manage your assets or healthcare matters for you if you become unable to manage them yourself. Many people are not aware …

Estate planning involves the process of figuring out what assets you have, who is going to eventually get those assets, and how getting them will affect that person or persons. It also involves having a plan for a trusted person to manage your assets for you should you become incapacitated and unable to manage them yourself. For many people this …

Marital settlement agreements or separation agreements are documents signed by parties who plan to divorce but do not want a court to resolve their issues. Sometimes they are negotiated and agreed upon prior to the filing of a divorce or separation action, and sometimes they are developed while a case is pending in court. They are most often reached through …

If you and your estranged spouse are attempting to resume your marriage after a separation, you may want to consider signing a reconciliation agreement. Reconciliation agreements are executed when parties have separated and are planning to reconcile and continue with their marriage, but one or both parties wishes to do so only if there are express conditions that plan for …

Helping Couples Plan for Their Future Prenuptial agreements are not just for the rich. Prenuptial agreements can be useful for parties who wish to protect separate or family property that they have obtained prior to marriage, and to ensure that the separate property cannot be considered marital property for any reason if the marriage dissolves in the future. Such contracts …

In almost every divorce or separation, assets need to be divided. South Carolina follows the law of equitable distribution for evenly dividing marital assets and debts. First, “marital” property and debt must be identified, classified, and valued. Next, that property and debt must be divided according to the guidelines of state laws. Having an experienced attorney can provide you with …

Adult Name Changes Outside of marriage or divorce, changing your name in South Carolina will require a separate legal process. South Carolina law permits its residents to apply for a name change by petitioning the court. If you are considering changing your name, you should be prepared to do the following: Get fingerprints taken at your local law enforcement agency …

How do you get a court ordered changed? The most common modifications we see people seek are: A recalculation of the amount child support being paid:  When one parent’s income changes substantially, the amount of child support may need to change. When children start or stop going to daycare full time or when health insurance costs change, a parent may …