Lancaster County, SC Estate Planning Lawyers
Includes: Gift Taxation
SPONSORED LAWYERS
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Govan T. (Van) Myers
Family Law, Corporate, Personal Injury, Estate Planning
Status: In Good Standing
201 West Dunlap Street, Lancaster, SC 29721
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Easily find South Carolina Estate Planning Lawyers and South Carolina Estate Planning Law Firms for your location. Narrow your Estate Planning attorney search for South Carolina by major city or a specific South Carolina city using the city list. Or search for South Carolina Estate Planning attorneys by county. For more attorneys, search all Estate areas including Trusts, Wills & Probate and Power of Attorney attorneys.
LEGAL TERMS
LAPSE
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.
AUGMENTED ESTATE
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.
INVENTORY
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.
CURATOR
See conservator.
SECONDARY MEANING
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.
BANKRUPTCY ESTATE
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.
WARRANTY DEED
A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.
AB TRUST
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.
HOLOGRAPHIC WILL
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.
SAMPLE LEGAL CASES
Rydde v. Morris
... Knight to prepare her estate plan. Morris provided Knight with an estate planning
questionnaire. Knight returned the estate planning questionnaire to Morris on
Thursday, September 22, 2005. Appellants Robert A. Rydde and ...
Gibson v. Bank of America, NA
... widow of Mitchell's nephew. Within a few weeks after Mitchell's arrival in South
Carolina, Gibson contacted her estate planning attorney to inquire about estate
planning services for Mitchell, who was very affluent. As a result ...
In re Dahle
... O. In or about 1991, Ms. McKinney and her husband obtained estate-planning documents.
Ms. McKinney's husband died in 1992. P. On December 4, 1995, Ms. McKinney consulted
with Respondent to have him review her estate planning. ...
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