Frequently Asked Questions

1. A property survey, also known as a boundary survey or plat, is a precise, professional measurement used to determine or validate the plot of land a home is built on and where the property lines are located.
2. While many jurisdictions require a property survey be done, they are not mandatory. Real estate is one of the biggest investments a person can make, thus obtaining a property survey is one way of protecting an individual’s investment. A survey will reveal geographic evidence of whether others can claim a right to use your property via easements.

1. Before a title to land is conveyed, it is advisable to have an up-to-date land survey of boundaries and acreage in order to prepare an accurate legal description of the property. It is important to make sure that land usage conforms to legal description and to determine whether any structures encroach onto the subject property or project off of the subject property onto adjoining property.
2. Before land is subdivided, a survey must be performed in order to meet city, county and State subdivision regulations.
3. Before undertaking improvements (i.e., buildings, fences, etc.), in order to determine the exact location of property boundaries, as well as any easements or rights-of-way that may affect the subject property. This will aid in avoiding encroachments which could lead to potential lawsuits.

No, your spouse will not need to sign the deed. While spouses have potential property rights in any real property their spouses owns, South Carolina abolished dower laws in the 1980s. Absent a Court Order establishing a spouses interest in the real property, the owner of record on your deed is the only signatory necessary.

In North Carolina, the rule of thumb for married couples is that one spouse may purchase real property, but both spouses must sign the deed to sell property.

A personal representative (formerly referred to as an “Administrator” or “Executor”) is the individual or individuals with the responsibility of administering an estate.

A Personal Representative is often nominated in the will of the decedent. If the decedent did not have a will, South Carolina Law sets forth a priority list for determining who should be the Personal Representative (typically the next of kin).

Someone with priority has the option of not serving (by filing a form entitled “Renunciation of Right to Administer” – Form 302ES.). Anyone with priority may nominate someone else to serve. A person without priority may be appointed only through formal proceedings. Following service of the formal Summons/Petition, Probate Court will schedule a hearing to determine who should be appointed to administer the estate.

The Personal Representative is responsible for collecting, protecting, and administering the estate. This includes giving notice to all interested parties, filing an Inventory and Appraisement of the estate assets, making sure assets are secure during probate, paying required claims and costs, filing all appropriate tax returns, and making sure that the proper people receive the assets to which they are entitled.

A regular estate will take an average of one year to complete if all paperwork is filed in a timely fashion. State law requires that estates remain open for the shorter of one year from the decedent’s death or 8 months from publication for creditors.

Just like with a regular estate, once all paperwork is complete, small estates can be opened and closed relatively quickly. This procedure applies only when there is no real property, and the total of all personal belongings is less than $25,000. Please note that small estates cannot be opened until 30 days after the decedent’s death.

As of August 1, 2011, the Department of Motor Vehicles (DMV) has adopted new procedures. (The DMV will no longer use the Affidavit of Inheritance to transfer a vehicle.)

If the vehicle is titled in the name of two or more owners with an “OR” relationship, and the DMV is aware that one of the owners is deceased, the surviving owner(s) must present the title and proof of identification to the DMV. No probate documents are required.

If the vehicle was not jointly titled and is worth less than $25,000, you will need to open a “small estate” with Probate Court. The Probate Court will give you documentation to take to the DMV to transfer the vehicle.

On your initial appointment, please bring the following items:

• The ORIGINAL will of the decedent (if there was a will)
• Original Death Certificate
• The “Estate Opening Packet” in the “Documents” section of this website;
• Photo Identification
• Paid Funeral Bill Receipt
• Copy of Deeds to all South Carolina Real Estate
• Copy of Title for all vehicles, mobile homes, etc.

A power of attorney is a written authorization, a legal document, to represent or act on another’s behalf in private affairs, business, or some other legal matter. The person providing the authorization to another person to act is the principal or grantor allowing another to make decisions on their behalf. This document may affect property, assets, money, debts, health care, guardianship and for the care of ones pets. NOTE: When the principal dies, the Power of Attorney is no longer valid.

A living will only addresses end of life issues. A Health Care Power of Attorney allows a person to make decisions for you if you are not able to consent, regardless of whether your condition is terminal. In South Carolina, a living will is also known as a Declaration of Desire for a Natural Death.

It depends! Living Trusts are incredibly useful, however, they are not meant for everyone. For some clients, carefully-tailored wills, financial and medical powers of attorneys, beneficiary designations, transfer-on-death (TOD) designations, and joint ownership will do the trick. For other clients, a living trust will be the best option.

A trust is a legal agreement for a trustee to hold certain property for the benefit of others. The trustee manages the assets held in the trust. A living trust is one that’s created while the property owner is alive.

1. Avoids Probate: Assets held in a trust avoid probate proceedings. However, there are times in which the expense of setting up and administering a trust outweigh the expense of going through the probate process.
2. Privacy: Probated wills are public record. This means that family, friends, creditors and anyone else who is interested may view the contents. Whereas a trust document is not public information, so a challenger would have to spend quite bit of money and file a lawsuit to discover the provisions of the trust.
3. Avoids Multiple State Probate Proceedings: When you own real estate or other property in multiple states, probate proceedings must be initiated in each state. The time and expense of administering assets in multiple states may make setting up a revocable trust more feasible.
4. Create Flexibility in Planning: For couples with children from prior marriages or property they wish to keep separated because it was acquired prior to marriage; a living trust provides methods of providing for the surviving spouse during his or her life while allowing those assets to be distributed to certain children. It can also be used to transfer property over time, rather than all at once.

The LLC Operating Agreement establishes the rules and structure for the LLC and can help address any issues that arise during the business operation. It is a contract between the LLC’s members that stipulates its membership, management, operation and the distribution of the company’s include. It further documents the roles, responsibilities, rights, and relationships of the members, as well as their respective ownership interests, and shares of profits and losses.

1. Select a name
2. Select a registered agent
3. File Articles of Organization
4. Set up Operating Agreement
5. Obtain an Employer Identification Number
6. Obtain State and Local Business Permits and Licenses