A lot of people put off estate planning, but they do so to the detriment of their loved ones. If you’re afraid that your parents aren’t taking estate planning as seriously as they should, then you might wondering what you can do to help spur them into action. It’s an...
Decanting is a new statute in South Carolina that was effective January 1, 2014. The concept of decanting is codified at S.C. Code Section 62-7-816A. Technically speaking, decanting is the ability of a trustee to make a distribution from one trust to...
In order to truly understand the difference between limited liability companies ("LLCs") and corporations taxed pursuant to Subchapter S of the Internal Revenue Code ("S Corporations" or "S Corps"), it is important to realize that businesses exist within two different...
The probate process is the process by which an estate is administered and property is transferred to the beneficiaries of the estate. If there is a will, the person who has died (often called the "decedent") is said to have died testate, and if there is no will, the...
One way limited liability companies ("LLCs") are classified, for state law purposes, is either member-managed or manager-managed. This classification clarifies who may legally bind the LLC. The easiest way to explain these concepts is to discuss what an LLC is not and...
A power of attorney is a document whereby one individual, referred to as a "principal," authorizes another individual, referred to as an "agent" or "attorney in fact," to act on behalf of the principal. In most cases, the agent must act in the best interest of the...
Revocable trusts are marketed by financial planners, accountants, and estate planning attorneys as being the solution to the burdens of probate. While revocable trusts are beneficial, depending on the size and composition of the estate, they may not be right in every...