South Carolina Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in South Carolina
August 12, 2014 By Falls Legal, LLC
The Family and Medical Leave Act of 1993 (“FMLA”) provides up to 12 weeks of unpaid leave to an eligible employee for his or her own serious health condition or the serious health condition or military service of a family member.[i]
August 12, 2014 By Falls Legal, LLC
Fourth Circuit Broadens Definition of Disability Under the ADAAA to Include Temporary Impairments - Article on a recent decision by the Fourth Circuit Court of Appeals on a disability discrimination case and the interpretation of what types of temporary impairments constitute a "disability" under the Americans with Disabilities Act ("ADA").
March 28, 2014 By Ayers Family Law, LLC
In South Carolina, the divorce process is often lengthy and expensive due to a series of laws that control divorce and separation.
January 13, 2014 By Standeffer & Harbin, LLC
Important information and helpful, recently released statistics for automotive accidents that have been caused by a distracted driver.
A recent program has been initiated by the National Traffic Safety Board, and it is referred to as the “Sniffer.” The “Sniffer,” has been overshadowed by another proposal to decrease BAC levels from 0.08% to 0.05%; however, if enacted, it may have just as serious implications to drivers apprehended for driving under the influence.
A hit and run accident in South Carolina can be a serious offense for both minor and adult drivers. There are several instances in which leaving the scene of an accident will incur penalties and fines.
When nursing homes neglect elders and they suffer injury, the injured person or their family will most likely have a claim against the nursing home. Nursing homes have certain duties that they must fulfill to their patients, and whenever a nursing home fails in those duties, there is a basis for a claim.
At any trial, parties must show evidence to prove their claims. Sometimes, the most effective way, or even the only way, to prove a point is through physical or documentary evidence, e.g. the allegedly defective product in a products case, the weapon actually used in a criminal case, or patient files in a case of nursing home negligence. There are obvious motives to destroy such evidence, and destroying or failing to safeguard such evidence is known as spoliation.
While most would agree that the most significant piece of evidence in a DUI case is the results of a blood alcohol test, cases do arise in which this information is not available. It then comes down to a debate between the arresting officer, and the defendant.
Legal assistance is required in case you want to file a lawsuit for compensation for wrongful death.
Personal injury lawsuits are complicated. Try to hire a competent lawyer specialized in this section law. Seek his suggestion and collect evidence to solidify your compensation claim.
Homicide charge can be serious. You are required to hire a lawyer with specialization in criminal law to prepare the murder defense.
If your loved one has suffered because of the fault of someone else, you would need to file a wrongful death claim.
If you are looking to file an auto accident lawsuit, you would need to know about the steps involved in the process.
When you leave behind a last will or a living trust, your wishes have been stated, but you also have to consider the matter of estate administration.
If you are facing a criminal conviction, you need to consult an appellate lawyer to understand whether filing an appeal will be appropriate
As important as it is to make your estate planning documents such as a will or living trust and pour over will, durable powers of attorney, and healthcare powers of attorney is where to keep those documents. Finding a safe secure place to keep your estate planning documents is very important for the fact that those documents are no good if they are destroyed, lost, or missing.
If you are getting divorced and thinking of child custody related matters, you would need to hire a lawyer and learn more about the different options available to you.
Estate Planning: Should You Name Two Or More As Your Executor Or Personal Representative In Your Will
When you make your will an important part of the will and an important decision you will have to make is who you want to be your personal representative or executor. Personal representative and executor can be used interchangeably and the title will differ based on what state you are located in when probate is started.
There may come a time when circumstances in your life have changed and you need to update your will. These circumstances can include a new marriage, a new child, a divorce, or having a new financial status such as winning the lottery and becoming a millionaire.
Just because you love your children and get along with them does not mean you can assume that they will love each other or get along with each other in the same way. The reality is that when there is money on the table family history and love can easily be thrown away. The relationship between each child with each other child should be examined when making an estate plan.
The Social Security Administration expects to save somewhere in the vicinity of $1 billion by discontinuing the practice of sending out paper checks through the mail every month. This is a cost-cutting measure that makes a lot of sense to many people within the South Carolina elder law community. At the present time nine out of every 10 people who are entitled to Social Security payments are receiving them electronically so taking this final step will provide total efficiency.
If you have sizable assets it is an advantage to be married. If a couple is married they can pass an unlimited amount of money to each other after they die without having to pay a federal estate tax. Bill Gates, Donald Trump, or Warren Buffett could pass all of their billions to their wives if they died and would not have to pay a cent of federal estate taxes.
The greatest estate plan you can make is to spend all of your assets or everything that you own. This is simple and easy to do as you can just have fun until your last dollar and not worry about passing anything on. Some may be forced to do this while others may spend all of their assets by choice.
If you have been charged with a white collar crime, there are several defenses that can be used to save you. Get in touch with a defense lawyer as soon as you can. When a businesswoman or a businessman commits a crime at a business, it is referred to as white collar crimes. Such crimes may also include crimes like fraud and embezzlement. Sociologist and criminology expert Edwin Sutherland came up with this term in a speech that he gave in 1939.
If you are looking to file wrongful death lawsuit, there are things that you need to know about such legal matters. Are you looking to file a wrongful death lawsuit against an individual? If you have lost your loved one in an accident that was caused by the reckless or negligent actions of someone else, you may take legal action against the responsible individual by filing a wrongful death claim.
If you are thinking of filing a lawsuit, you would need to gather all the evidence necessary for proving liability of the other party. In most of the states of the US, when an automobile accident occurs, the individual who caused the accident will be held liable for the injuries and the damages that are sustained by the victim as a result of the accident. This means that the individual, who caused the accident, will be liable for paying the victim the damages that occurred.
levy that is imposed on gifts that you give to others if they exceed a certain amount. Every year you can give as much as $13,000 to any number of gift recipients free of the gift tax. The total sum of these tax-free gifts can equal any amount of money.
An important question to ask before you see an estate planning attorney to make a will or living trust and all of your other planning documents is what to bring. It is important to account for all of your assets, or everything you own before you make an appointment to see your estate planning attorney. You must do a little bit of work to prepare yourself and do your homework before you will be properly prepared for your initial meeting with an attorney.
Common law marriage is still in practice in Alabama ,Colorado, The District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah and should be factored into your estate plan if you live in any of these states and it applies
After the loss of a loved one in an accident, the last one anyone wants to think about is the law. However, the law has attempted to at least partially remedy the injustice suffered by the family. The law provides two separate causes of action: (1) wrongful death actions, and (2) survival actions. These two different bases for lawsuit are entirely separate, and without consent of both parties, the two cannot be tried in the same courtroom.
Many times it is not the big assets such as the house or bank accounts that cause fights among family members when an estate is divided. Deciding what to do with your personal items such as your favorite piece jewelry that has been handed down from six generations is what many people think of when they make an estate plan.
When parents of get older and have multiple children, one child may provide caretaking responsibilities for the parent. These added duties include care at home including chores such as cooking, cleaning, organizing, and any other duties that are associated with home care. Added duties can also include companionship and spending extra time with an older parent that may be lonely and alone otherwise.
Although it is difficult to think about your own mortality, if you have minor children under the age of eighteen then it is something that you must consider for their own protection and well being. The estate plan that you come up with when you are still alive will greatly affect and shape the course of their entire lives.
Some families are blessed with a child that is extremely successful in terms of wealth. This condition can make planning an estate more challenging than it would normally be. Making an estate plan as a parent that has one child that is more successful than the other children can present some difficulties if you do not properly plan ahead.
Making an estate plan is an important step in taking control of your financial life, but you must have an accurate and complete picture of your overall net worth and potential for growth of your net worth in the future. It is very easy to underestimate the size of your estate when making your estate plan. This could potentially be harmful for your estate and reduce the amount that your heirs receive.
When one is coming up with an estate plan there is a common practice that some people engage in. That practice is putting their name on a bank account with their child or what is also known as having the bank account titled jointly. There are reasons to title a bank account jointly with a child that would convince someone that this would be a good idea.
When you finally decide that it is time to make your estate plan you will have to schedule a meeting with an estate planning attorney. There will come a point when the conversation with your estate planning attorney may get uncomfortable or personal and you feel that you should not reveal everything and hold some information back.
There comes a time when you must decide what your estate plan will ultimately look like. Plans for your estate come in many different forms, but one key distinction to make between choices is the plan you want versus the plan you need. The plan that you want may not always be the plan that you need.
There are different ways of going about choosing a lawyer. If you are not sure if the lawyer meets your requirements, ask them all the queries that you may have. Accidents occur all the time and all around us. Millions of people are injured in such accidents every year. A lot of these accidents are personal injury accidents and many of the people that are involved in such accidents are called the victims of personal injury.
Wrongful death refers to death that was caused by negligent or deliberate behavior of another individual. if you have lost a loved one in an untimely death because of someone else’s fault, get in touch with a lawyer for filing a compensation claim. When someone dies because of the negligent, faulty or wrongful actions of someone else, it would be considered as a wrongful death case.
Everyone likes a good surprise from time to time. There are some situations where a surprise can be welcome. An estate plan is not one of these situations. A surprise in an estate plan can lead to difficulties and difficulties can cost your estate money.
After the trial court convicts and sentences an individual of a crime, the defendant will have the right to appeal to an appellate court to have the judgment of the trial court reviewed. Learning about the procedure is essential if you are looking to make an appeal. After a defendant is found guilty of committing a crime and a verdict has been passed down by the trial court, he/she will get the right to make an appeal to the higher courts (appellate courts) for having the verdict reviewed.
A study was released earlier this year by the American Journal of Medicine regarding bankruptcies caused by medical bills that were simply too overwhelming to address. They found that in 2007 62% of all bankruptcies were due to an inability to pay health care debt. If you are in a position to assist family members who may be in financial difficulty due to medical bills you may be concerned about the gift tax.
Leaving behind your final wishes via the construction of a Last Will is part of the equation when you are making preparations for the inevitable. But words on a piece of paper are not going to accomplish much in and of themselves. Someone is going to have to actually make sure that your wishes are carried out,and this will be the executor or personal representative.
As they say time flies,and it is kind of hard to believe that we are so far into 2012 already. This is a very interesting year on a number of different levels and coming changes to the tax code are among the points of intrigue. You may remember that the Bush era tax cuts were scheduled to expire at the end of 2010.
Some people are prone to adopting the "it will never happen to me" point of view, but these are the same individuals who often find themselves in difficult situations due to a lack of preparation. This is something to keep in mind when it comes to incapacity planning. Believe it or not,the likelihood of contracting dementia later in your life is very significant.
They say that you should not always believe what you read, and along these lines we have some celebrity estate planning information to update. Last summer the talented young singer Amy Winehouse passed away at her London home. Whenever a celebrity dies people become interested this individual's estate,and certain assumptions can be made about someone like Amy Winehouse.
One of the things that separates professionals from others is the fact that professionals have the right tools for the job and they know which tool to use depending on the situation. This is true of estate planning attorneys and it is one of the reasons why you would do well to obtain legal counsel when you are planning for the future.
The Federal estate tax is unified with the gift tax.As a result,gifts that you give are subject to the same 35% tax that is applied to your estate. It should be noted that there is a unified gift/estate tax exemption and right now it sits at $5.12 million. However, these numbers are only accurate for 2012.As laws currently stand,the exclusion is going to be reduced to $1 million in 2013 and the rate is scheduled to rise to 55%.