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South Carolina’s Drunk Driving Laws: What You Need to Know

July 2, 2019/in Criminal Law, DUI Defense, Resources

When you’re arrested for drunken driving in South Carolina, there are several things that are going to happen that will cost you money. These include court appearances, fines, and fees. And these are just the main expenses if you’re a convicted drunk driver. By law, you will also have to pay for DUI school, drinking disorder evaluations, and a higher insurance premium.

A South Carolina DUI is a traffic offense, but it’s also a criminal conviction. It is considered one of the most serious misdemeanor offenses in the state’s magistrate and municipal courts. We encourage you to keep reading more below about SC DUI laws in case of an unwanted incident.

SC DUI Laws

South Carolina law prohibits a person from operating a vehicle while under the influence of alcohol or drugs. This is because at some point the person’s faculties to drive are impaired. You will be an outlaw if your blood alcohol content (BAC) is 0.08 percent or higher, despite the level of visibleimpairment.

This means that it is not necessary for a person to display the signs one would associate with someone who is under the influence. Under the South Carolina, DUI law section 56-5-2930 a person can still be arrested for driving under the influence even if their BAC level is below 0.08 percent. This is just by displaying signs consistent with a person who is under the influence.

Arrested and Booked

When an officer stops you on suspicion of DUI, they’re already building a case against you by observing your driving patterns. Reasonable grounds will allow the officer to request you to perform a sobriety test and that you submit to a chemical test.

This test is required by the South Carolina Implied consent law section 56-5-2950. If you refuse to submit to a chemical test you will be informed of the penalties for test refusal, even if this does not mean your guilty of a DUI.

A final refusal to a chemical test can result in a 6-month license suspension. And if you have a prior alcohol-related conviction or suspension within the preceding ten years, you risk a 9-month suspension.

Underage Penalties

SC DUI laws prohibit anyone under the age of 21 to operate a vehicle with a BAC greater than 0.02%. This is translated to South Carolina’s “zero tolerance” law, which states that if this law is broken the underage person will face an automatic suspension of their licenses for three months or six months (if there’s a prior alcohol-related conviction).

What Happens After I’m Charged?

You’d have to spend the night in jail and bond out the next day. When you’re charged with a DUI you have three options when it comes to facing charges.

You can choose to plead guilty in magistrate court and accept the penalties that come with the charge.
Ask for a bench trial (you’d face a magistrate judge and the arresting officer would serve as a prosecutor).
Request a jury trial (this moves the case to a general sessions court and a prosecutor is assigned to replace law enforcement).

If you plead guilty or have a bench trial, the case can be resolved quickly. But, requesting a jury trial results in a delay. According to an article published in Greenville Online, DUI cases take around six to nine months in Greenville County and closer to a year in Pickens County.

The penalties for a DUI conviction in South Carolina can be severe. After a first-time DUI offense, for example, the state can carry a mandatory jail sentence depending on the breathalyzer results.

What Evidence Does The Prosecution Need to Get a DUI Conviction?

South Carolina law has strict requirements for proving evidence against people accused of a DUI. In 2009, the state approved a video recording amendment that requires field sobriety and breath tests to be recorded on video.

How a First Offense DUI Looks like

If you get convicted and you’re a first-time offender you can face anywhere from 48 hours to 90 days in jail, depending on your BAC at the time of the arrest.

A second offense DUI is punishable by up to 1 year in jail, a $5,100 fine, and a 1-year revocation (BAC under 0.10%). Your third offense is punishable by up to 3 years in jail and includes a $6,300 fine and 2-4 year revocation.

Ignition interlock may be required after your license period suspension ends. This device requires you to blow into it to show that you’re not impaired before turning on a vehicle.

Treatments After Convictions

Depending on the severity of your DUI conviction, you will be required by the state to enroll in the Alcohol and Drug Safety Action Program. This program requires you to get an alcohol and drug assessment and follow the recommended treatment.

There are over 40 different drug treatment centers in the state of South Carolina more than equipped to help you. The programs help to ensure that you don’t repeat a misdemeanor and avoid being pulled over again. Under SC DUI laws, a trained counselor will also test your pattern of alcohol consumption to determine whether you have an alcohol abuse disorder.

Terms of Probation

Another form of treatment is through community service. When you’re a first-time offender you may be eligible to do community service instead of serving jail time.

Under South Carolina law, the number of hours dedicated to community service is equal to the amount of jail time that would have been required. Remember that the penalties listed above can differentiate based on your BAC of the moment you were stopped by an officer.

For example, the state’s legislature removed the possibility of substituting community service hours for jail time for second-time offenders. If you are convicted of a second DUI you will be required to spend five to 30 days in jail, depending on your BAC.

Consequences of a DUI

Although South Carolina categorizes a first DUI offense as a misdemeanor, you should not underestimate the serious consequences of that first DUI arrest or conviction.

When you’re charged you need to understand the SC DUI laws so you can prepare for the long process of probation fees and terms. Act quickly and consider contacting a DUI attorney who can help you get familiar with the issues associated with your charge.

Don’t hesitate to visit our web page for more information on our team of legal experts and contacts us today for a free consultation.

De Bruin Law Firm Named One of Greenville’s Best Criminal Defense Firms

June 19, 2019/in Media, Resources

De Bruin Law Firm Named One of Greenville’s Best Criminal Defense Firms
Expertise.com judges were impressed by firm’s reputation, experience, availability, and professionalism, De Bruin Law Firm reports

FOR IMMEDIATE RELEASE

GREENVILLE, S.C — De Bruin Law Firm has been named one of Greenville’s top Criminal Defense law firms of 2019 by Expertise LLC. Taking into account reputation, credibility, experience, availability, and professionalism, Expertise.com reviewers, curators, and judges found that De Bruin Law Firm ranked among the best in Greenville when it comes to providing criminal defense counsel and representation.

Since coming online, Expertise has assessed more than 10 million American businesses, never accepting payment or other consideration for inclusion on its lists of the best in each local market. Expertise currently covers 85 percent of the United States, with its proprietary algorithms and process allowing it to identify the most qualified and highly regarded service professionals in each city.

De Bruin Law Firm’s selection by Expertise as one of Greenville’s best criminal defense firms is a reflection of a deep commitment to serving clients at the highest possible level. Aaron De Bruin, Esquire’s litigation experience as a Judge Advocate General in the United States Marine Corps has contributed greatly to his notable effectiveness as a criminal defense attorney. For more than a decade, he has devoted his professional life to providing vigorous, personalized representation to clients within the criminal justice system. That service has led to three selections by Greenville Business Magazine as one of the city’s “Elite Criminal Defense Lawyers,” along with five-star ratings from AVVO and by former clients on Facebook.

Fellow De Bruin Law Firm attorneys Gary De Bruin, Esq. and Bryan De Bruin, Esq. are equally distinguished in their own ways. The three lawyers combine to provide a full range of top-quality legal services, covering everything from business, estate, and real estate law to probate administration, civil litigation, and criminal defense.

As such, De Bruin Law Firm ranks as one of Greenville’s most comprehensively capable and effective law firms, with the three attorneys featuring decades of experience between them. The recent Expertise award is another of many reflections of De Bruin Law Firm’s consistent legal excellence and dedication to its clients. Visitors to the De Bruin Law Firm website can easily schedule free consultations of their own using the form found on the Contact Us page.

About De Bruin Law Firm:
Greenville-based De Bruin Law Firm provides preeminent legal counsel and representation for matters involving everything from business, real estate, and estate law to criminal defense and civil litigation.

Media Contact:
Aaron De Bruin
De Bruin Law Firm
16 Wellington Avenue, Greenville, South Carolina 29609
Telephone: 864 982 5930
Email: info@debruinlawfirm.com
Website: https://www.expertise.com/sc/greenville/criminal-attorney#DeBruinLawFirm

What is a Living Will and Why is it Important to Have One?

May 15, 2019/in Estate Planning, Resources

63% of American adults do not have a complete living will directive for their end of life care.

Unfortunately, the circumstances that make a living will necessary are not only confined to the older generation. This makes it important for every adult, to think about, and prepare one.

So then, what is a living will? When is it used and why is it important? Read on to find out.

What is a Living Will?

A living will is also referred to as an advance directive or a healthcare directive.
This document stipulates the kind of healthcare you would want or would not wish to receive, in the event that you are unable to communicate your wishes.

This can be as a result of a terminal illness or the aftermath of severe injuries that render you unconscious, comatose or otherwise unable to represent yourself.

Under these circumstances, hospitals consult your living testament to determine several things.

Some of these decisions include if you would want to be placed on life-sustaining treatment such as tube feeding and breathing support.

In the absence of an advance directive, doctors then consult your kin and other third parties to make medical decisions on your behalf.

These individuals may not follow the instructions you gave them verbatim. If you had not addressed the issues clearly, they might be unaware of what you would want.

Why Is a Living Will Important?

A living testament ensures that your healthcare is handled as you would wish. If for example, you would not want to be placed on life support, your living will would ensure that this does not happen.

In the event that you are terminally ill or severely injured, some decisions, though best for you might be extremely difficult for your family to make.

However, outlining these decisions makes it much easier for your family to comply, and takes the burden off their shoulders.

When Does It Come into Play?

A living will is only referred to if you are unconscious, terminally ill or suffer a severe injury which compromises your ability to articulate yourself.

Doctors do not consult it for a standard level of care that is not life-threatening.
Each state provides for the drafting of an advance directive.

Some allow you to prepare a customized, detailed will, while others give you a standard form to fill in.

Contents of Living Will

An advance directive addresses the most common medical procedures present in life-threatening situations. These include dialysis, resuscitation via electric shock and ventilation.

You can choose to forego all of these procedures or allow some and decline others. You can also refuse some life-sustaining procedures, but outline your desire to receive pain medication throughout your final days or hours.

Another thing you can include here is whether you would like to become a tissue and organ donor after death.

Most states allow people to extend their living will to address a situation where there is no brain activity.

The same applies in situations where doctors expect you to remain in a vegetative state for the rest of your life, with or without a preceding terminal illness.

Living Will vs Healthcare Proxy

While a living will covers medical decisions, a healthcare proxy is someone you give your healthcare power of attorney. A healthcare proxy has the authority to consult with doctors on issues regarding other arising medical issues.

This person can be the go-between between the doctors, family and yourself.
For this reason, the person you choose as a proxy should have a thorough understanding of what your wishes are.

Aside from this, they should be comfortable enough with your instructions to have them implemented to the letter.

Limits of a Living Will

One of the limits of a living will is that you cannot nominate a different individual to make medical decisions on your behalf.

Secondly, it cannot block doctors from providing basic healthcare as well as basic provisions of food and water.

Your medical plan will also strictly adhere to what has been outlined in the document. Anything that is not addressed will be left to your doctor to act in your best interest.

Similarly, if any clauses in your document are open to interpretation, its enforceability can be affected. This is the main reason why you need to prepare your living testament with the help of an attorney.

It is imperative to include as many details as possible, in the clearest manner possible.

Things to Address in Your Living Will

In determining your directives, think about your values and the circumstances under which your life would not be worth living anymore.

Would you want your life extended under all circumstances? Or would you want your life extended only if there was a cure? And in either case, for how long?

Your living will should address such issues in detail. Here are some of the main concerns to discuss with your doctor and to address in your living will.

• Cardiovascular resuscitation (CPR)
• Tube feeding
• Dialysis
• Mechanical ventilation
• Antibiotics or antiretroviral medication
• Organ and tissue donation
• Palliative care
• Donating your body for scientific studies

The Do Not Resuscitate or DNR order is the most common instruction when it comes to healthcare. You do not have to have this in your living will, although you can.

However, notify your doctor of this wish so they can include it in your medical records. Do this with your attending doctors each time you visit a hospital as well.

Ultimately

Hopefully, the question of, “What is a living will?” has been well answered. in this article.

When you are satisfied that your living will is representative of what you want, have a copy with your doctor and discuss it with your kin.

Again, have the original copies in a safe but accessible place as well. It will be of no good if your will cannot be located for implementation.

You may also have a wallet-sized card with you at all times stating where your advance health directives can be found, as well your primary doctor.

At De Bruin Law firm, we help people think through the process and draft clear, enforceable healthcare directives. Would you like to get started on yours? Contact us today for more information on how we can assist you.

March 2019 – Receptionist – Office Manager Position

March 29, 2019/in Media

Client Intake Specialist and Office Manager

We are currently accepting applications for a client intake specialist. The ideal candidate is an energetic person, motivated to learn that values the importance of great customer service. The applicant must also be highly organized and professional.

Previous experience working in a law firm, real estate agency, or financial institution is not required but preferred.

Who We Are:

We are a small Greenville law firm located just outside of downtown Greenville. Our legal practice areas include real estate closings, estate planning, business law, criminal law, and litigation.

Job Duties:

-Scheduling client meetings and phone calls

-Organizing office space and files

-Collecting relevant client information

-Qualifying prospective clients

-Management of Office 365 and other software

-Other duties: answering phones, preparing conference rooms, greeting clients, coordinating with vendors, ordering supplies, and making sure the office is running in an orderly manner.

Day to Day responsibilities include:

– Communicating with current clients and potential clients

– Qualifying potential client to see if our law firm is a good fit for their case

– Forming good relationships with clients and following up with them

– Sending Invoices to Clients

– Collecting payment from client’s

– Providing a friendly and warm environment to all visitors and guests

– Answering phones and acting as the gate-keeper for the building

– Light cleaning and housekeeping duties

Not Required but Highly Valued (Please list all that apply on your resume or in your email):

-Military veterans

-Bilingual candidates

-Past leadership roles

How to Apply:

Email info@debruinlawfirm.com with the subject line “My favorite color is…” and include your favorite color; 2. Attach your resume; and 3. In the body of the email, list three nice things your former employers and/or co-workers would say about you and one negative thing a former employer might say about you.

Common Encumbrances: What Is an Easement and Does It Transfer to a New Owner?

February 19, 2019/in Real Estate, Resources

Sometimes easements that are in effect work smoothly for years. This isn’t always the case though. As we can see with the North Dakota landowners that had to use over a pipeline easement.

Wondering what is an easement and how it could be so important to sue over? Keep reading for an explanation of what easements are and how they work.

What Is an Easement?

When you have an easement you have the right to use someone else’s property for a specific purpose. The owner of the property retains legal title.

There are express and implied easements. While an easement can be created by oral agreement, these don’t always hold up in court.

To ensure that you have a legally binding easement you need to put it in writing. Then you need to file it with the county recorder.

Types of Easements

The most common way easements are used today are for utilities, municipalities, or cable lines. This is how lines for power, phone, cable, sewer, and water get installed for our city infrastructure.

Utility Easement

This is the category that the utility easements fall under. The deed will describe these easements.

The property owner is free to do what they like with the property. They just aren’t allowed to interfere with the utilities.

Private Easement

When two people create an easement this is a private easement. Usually, they are to give access to a sewer line or driveway.

These are the easements that usually get created by verbal agreement. They should be in writing though.

Easement by Necessity

These easements arise when one property owner is forced to cross a neighboring property to get to theirs. No property owner may be denied access to their property.

Because of this, the property cannot become landlocked. Usually, this is taken into consideration when land gets divided. But as time goes on and land is sold, a piece may no longer have access to a road.

Prescriptive Easement

This is an easement that is granted for a specific purpose or length of time. Other easements are ongoing with no definitive end date. It is also different than a necessity as while that is for a purpose, it is also ongoing.

An example would be granting access to allow the neighbor to park their boat for the summer. This is a specific use for a specific amount of time.

Each state has specific laws about what is allowed for a prescriptive easement. So make sure you check with a knowledgeable real estate attorney. The easement holder may even be required to pay a portion of the property taxes for the land they use.

Public Easement

Sometimes a part of a property needs to be used for public use. A common use is to give public access for a park or touring.

Prior Use Easements

Sometimes an easement will get formed by the intention of the property owners. But the owners never take the action to record the easement. When this happens it has to satisfy five elements for it to be enforceable.

Common ownership of the property at some point
the property was then separated into two at some point
the use was before and after the aforementioned severance
there is notice of the easement
The easement isn’t for a beneficial or necessary use

This can be a tough threshold to achieve so if you have a debate involving a prior us easement it is best to consult with an attorney. These are the types of easements that typically require a court to determine if they are enforceable or not.

Your Rights

As an easement holder, you are entitled to use the property fully for the purpose of the creation of the easement. You cannot impose an undue burden on the property owner though.

Easement rights can change over time and technology and land change. The court may find that the easement use is unreasonable. Conversely, the court could also find that the proper owner’s use has become an unreasonable burden on the easement.

Assumed Easement Rights

There are certain easement rights that are assumed and don’t need recording. These easements are assumed and recognized.

Aviation: The space above your property is open to aircraft where needed for agricultural purposes

Storm Drains: There is the assumption that a storm drain can get installed where needed to aid in moving water

Sidewalks: This one should be obvious, but property owners don’t give permission for sidewalks as public use

Dead Ends: If the property owner’s property blocks access to the next public way, they’ll have to give access across their property

Conservation: Land trusts protect property from getting overdeveloped. the purpose is to protect property for conservation purposes.

Transfer

Depending on the easement you have, some automatically transfer with the land. While others do not.

Easements that are for the benefit of the land will remain with the property. While easements that are the benefit of the specific person are not.

If the easement doesn’t remain with the property then it is up to the new owner to decide whether or not they will honor it.

Duration

If you don’t specify a time limit for your easement, then it is assumed it is indefinite. If there is an end date, the easement holder must stop using the property on or before the end date. Otherwise, their entering the property can be deemed a trespass.

Are You Dealing with an Easement?

Do you currently have the right to use your neighbor’s property? Maybe you share a driveway or use a lake.

Whatever the reason, make sure you have your agreement in writing and recorded. That way your interest in the property is safe in the event that your neighbor sells their property.

You shouldn’t be asking “what is an easement?” But if you still have questions, the best thing to do is to speak with a lawyer. They can help you with any questions you may have.

Caveat Emptor: What’s the Difference Between a Warranty Deed and Quitclaim Deed?

February 12, 2019/in Real Estate, Resources

You just bought a new home! Congratulations! But how do you know that you are the true owner of that property and home? How can you be sure no one is going to show up one day and claim true ownership?

You know this because you obtained a deed when you bought the property. you didn’t just obtain a deed though, you obtained the right deed. Knowing the difference between a warranty deed and quitclaim deed can ensure you get your money’s worth when you buy real estate.

Not sure what the difference is? That’s ok, we are going to explain their differences and what they mean for you here in South Carolina.

Difference Between a Warranty Deed and Quitclaim Deed

When you are at your closing is not the time to determine what type of deed you will receive from the seller. Depending on the property you intend to buy, and who you are going to buy it from, will dictate what type of deed you will want.

What Is a Deed?

The best place to start is with what a deed actually is. This important document will contain the legal description of the property. It definitively states who the seller is and who the buyer is. They are also known as the grantor and grantee.

There is some key information that must be included within the deed. It must state the true address, the coordinates, the size and shape, and previous and new owner.

There are a couple different types of deeds that you might hear about. There are warranty deeds, special warranty deeds, quitclaim deeds, and deeds of trust. We are going to go over two common kinds here, warranty and quitclaim.

Quitclaim Deed

Do you wish to transfer property between family members or friends? These types of transfers are more casual and trusting than those between strangers.

When the transfer of property is not a traditional sale, then you can probably use a quitclaim deed. Here are some common situations when a quitclaim deed is commonly used.

The property is a gift
Transfer of property through a will
Transfer of property from one spouse to another during divorce
Transfer of property from parent to child or vice versa
A traditional sale where the seller is not confident of the property placement or boundaries

There is a huge amount of trust placed in the grantor by the grantee when accepting a quitclaim deed. The grantee has no recourse against the grantor if any defect in the title should arise.

You have the least amount of protection with a quitclaim deed. You will only get the same amount of interest in the property that the grantor has.

That means if a third party proves they are the rightful owner, and the grantor has no interest, then neither do you. It also means that if the property has a mortgage or lien, that will remain secured on the property through the transfer.

One caveat to this transfer is that the transfer will remain liable for the mortgage. So if they transfer the property, and the grantee decides to stop paying or sell the property, the grantor is liable.

There is also no recourse against the grantee for them no longer paying.

Warranty Deed

Some real estate transaction requires the greatest level of security. For example, you intend to buy your new family home from a stranger.

You don’t know the other person, so you need some security in return for plunking down your hard earned money. You don’t want to buy a property only to find out someone else owns it, or that it is encumbered by a lien.

A warranty deed will provide you with the assurance that the property you intend to buy is free and clear. Your deed comes with the following warranties:

The grantor will do what is necessary to deliver clear title to the grantee
The title is going to endure against any third party claims
The grantor is the rightful owner
The granter has a legal right to transfer the property
The property is free of all creditor claims, liens, or mortgages

If a problem arises with the title to your property then you have recourse against the seller. It is the grantor’s responsibility to cure any claims to the title.

This is a huge responsibility to place on the seller. As the can be held liable for problems with the title that they aren’t aware of.

Because of this, title insurance is a common practice in traditional property transfers. The title company will do a thorough search of the title and flush out any possible breaches in the chain of title.

What Deed Works for Your Needs?

Knowing the difference between a warranty deed and quitclaim deed will help you know what you need for your transfer of property. Using the right deed will ensure that your interests are protected.

If you simply need to put the property in a loved one’s name, then a quitclaim deed should suffice. But if you are involved in a traditional real estate sale, then it is in your best interest to obtain a warranty deed.

Just remember that there are pros and cons to both. So consider them both no matter if you are the buyer or the seller of the property.

Contact our office today for a free consultation and one of our attorneys will speak with you about your legal needs.

Unfinished Business: What Is a Mechanic’s Lien and How Do You Clear It?

February 5, 2019/in Real Estate, Resources

There are so many things people think about when they’re shopping for a new home.

How much can I spend? What features do I need? How many bedrooms? Do I really need a pool?

You’ve probably considered all of those things. You’ve probably also thought about getting a mortgage and going through escrow. But have you thought about the title of the house you’re interested in?

Many homes come with a nasty surprise that buyers don’t find out about until after they’ve purchased the home. These surprises are liens, and they come in many forms. One of which is a mechanic’s lien.

Not sure what a mechanic’s lien is or how you can get rid of one? Read on to learn all about it!

What Is a Mechanic’s Lien?

A mechanic’s lien is a lien placed on a piece of property for unpaid construction bills. Let’s say John Doe purchases a home at 111 Blackacre and decides he wants to make some improvements. Doe hires Joe Contractor to redo the kitchen and install central air conditioning.

Joe Contractor did everything to Doe’s specifications and did a great job. He also completed it on budget (shocking, we know). Joe Contractor issues a final bill to John Doe for payment, but much to Joe’s surprise, Doe never pays him for the work he completed.

So, with no other way to make John Doe pay for the improvements he made to Doe’s house, Joe Contractor goes down to the local courthouse and files for a mechanic’s lien.

Mechanic’s liens work much like a standard lien, except they attach to the property itself and not to the person who failed to make the payment. So when Joe Contractor gets his lien, it’s against 111 Blackacre and not John Doe.

Most of the time a mechanic’s lien makes it so that a property cannot be sold unless the lien is cleared so the home buyer can get clear title. However, it is possible for a mechanic’s lien to not show up until after the house sells. That means that the new homeowner would be responsible for clearing the lien if they want to sell the home in the future or take out a second mortgage.

How Long Is a Mechanic’s Lien Good For?

It depends on the state in which the property is located. In South Carolina, a contractor has 90 days from the date of services provided to file for a mechanic’s lien. This includes call-backs where a contractor has to return to a completed project to perform some additional work.

Once a contractor has a mechanic’s lien, then they have six months from the last day of service to enforce the lien.

Generally, enforcement of a mechanic’s lien is done through foreclosure. The contractor files suit to foreclose on the home and any proceeds are used to pay off the mechanic’s lien and any other encumbrances on the home. Whatever is left over goes to the homeowner.

How Do I Remove a Mechanic’s Lien?

The only way to remove a mechanic’s lien is to pay it. If you don’t want your home to be foreclosed, then you must pay the lien.

If you’re looking at purchasing a home that has a mechanic’s lien attached, make sure that you condition your purchase on their clearing of that lien. Otherwise, you’ll be responsible for clearing it yourself.

How Do I Avoid This Issue In the Future?

If you’re feeling disillusioned about the home buying process after finding out that you have a mechanic’s lien on your new home, you’re not alone. That doesn’t mean that you can’t avoid situations like this in the future.

One way to avoid purchasing a house with a mechanic’s lien attached is to hire someone to perform an abstract of title whenever you’re interested in putting an offer on a property. An abstract of title is the history of the house. It traces ownership of the house backward and forwards to ensure that the current owner has the home free and clear.

It starts with the initial grant deed and traces all changes in ownership. It also ensures that you’re not getting a home that was purchased under a quitclaim deed. A quitclaim deed means “I don’t know if I really own this house, but if I do, I’m selling you my interest in the home.”

Abstract of title also checks for any kind of encumbrances which may be attached to the home such as liens or easements. This process is usually fairly effective, but if the mechanic’s lien, or any other type of lien on the property, has not yet been recorded, then an abstract of title is not going to help you. The best way to protect yourself from liability attached to your home purchase is to buy title insurance.

Title insurance protects you from any undisclosed liens or encumbrances on your new home. Essentially, since liens are attached to the property and not the person, title insurance will cover any unexpected defect in title after you purchase a home.

So if Joe Contractor shows up at your front door ten years after you move in and says he has a valid lien against your home, title insurance will cover the cost. Then you’ll have clear title once again.

Buying a New Home Doesn’t Have to Be Tricky

It may seem like there are a lot of hidden tricks you have to know about in order to purchase a house that won’t hurt your pocketbook in the long run. That’s simply untrue. It always pays to get an abstract of title before you agree to purchase a house or even unimproved land.

A little money now will save you a lot of money in the future. And if you find something like a mechanic’s lien on a property that you’re just dying to purchase, ask the seller to clear the lien and provide proof that it has been cleared.

If you’re in the market for a new home, we can help! Contact us today to see how we can make your home purchase as smooth and pain-free as possible. Happy house hunting!

Do I Need a Will? Who Needs a Will and When

January 29, 2019/in Estate Planning, Resources

A recent survey revealed that 78% of millennials (ages 18-36,) and 64% of Gen X-ers (ages 37-52,) do not have a will.

By contrast, 81% of those ages 72 or older, and 58% of baby boomers (ages 53-71,) do have a document in place to ensure proper distribution of funds in the event that they pass.

In your 20s and 30s, creating a will may seem like a morbid subject that isn’t worth visiting yet. Some young people don’t believe they have enough assets to make writing a will worth it. Many live with their parents and still have student loans.

You may have asked yourself, “Do I need a will if I haven’t even reached my 40s yet?” The answer is likely “yes,” for a few important reasons. Let’s review.

Importance of an Executor

When someone dies intestate, or without a will, the estate goes into probate, with a judge deciding who should be the rightful heirs to your assets.

If you are young and single but have a positive net worth, you will want to have a document in place to manage the distribution of your assets. If you don’t own anything, however, a will is not necessary.

You may have named a beneficiary for your life insurance, retirement accounts, or property, which will ensure that they will inherit these assets or continue to benefit from them even if you are not here.

For physical assets, however, like a house, car, or electronics, you will need a will. The document will designate which individuals or organizations will own your property.

You will also want to consider your investments, 401k, life insurance, and ownership in businesses, all of which will need to be allocated.

Your executor should be someone you trust to see that your orders are carried out according to your wishes. Consider spouses, close family members, or clergymen when choosing an honest, responsible executor for your assets.

If you are an unmarried couple living together, do not assume that your will is going to be bequeathed to your partner once you are gone. It is important to put this information in writing to save your loved ones time and frustration.

Many folks choose to put a “no contest” clause in their will. This provision ensures that anyone who argues about their inheritance will not receive anything. It is a simple way to ensure that your assets are not creating a constant battle after you have gone.

If You Have Children

A will can allow you to establish a guardian for any minor children if you cannot care for them. It can also establish a custodian for any elderly or disabled family members who are unable to make financial decisions.

A will can also dictate a means for distributing property among your minor children. If you don’t put a plan in writing, they will receive their inheritance in one lump sum when they turn 18. A will allows you to set up payments at regular intervals to help adult children manage their finances more responsibly while they are young.

If you make your elderly parents the primary beneficiaries of your will, they may become ineligible for government assistance. You will want to put a key provision in that establishes monthly payments for their inheritance, rather than a lump sum.

A trust for your pet can also be established. You can choose someone to take care of them and allocate funds to meet their daily needs.

A Living Will

While a standard will provides for proper distribution of assets in the event of your death, a living will makes provisions in the event that you are alive but unable to make decisions yourself.

A Living Will allows you to establish someone as your Power of Attorney to make decisions about your medical treatment if you are terminally ill or in an ongoing vegetative state. It gives them the power to stop, give, or withhold medical treatments or procedures, including life-sustaining ones, if you put your wishes in writing beforehand.

You can select a friend or family member to act as your power of attorney by completing a fill-in-the-blank form, which many states provide for free. It will need to be signed in front of a notary for a small fee.

Preparing Your Will

Before preparing your will, you will need to collect paperwork confirming your assets, including real estate, 401K, life insurance, and vehicles. You will also want to keep a list of your debts, including mortgages, car loans, business loans, and credit card accounts.

Before you begin planning, develop a list of the names, addresses, and birthdates of your beneficiaries.

Some software, such as Quicken Willmaker Plus, can be purchased for around $50. It can help you to create a Standard Will, Living Will, Bypass Trust, or Financial Power of Attorney.

At a minimum, you should appoint a guardian for your children, designate an executor, and establish how you want your property distributed.

If you are uncomfortable with legal documents or have a complicated estate, you will want to enlist the help of an estate planning attorney. They may work alongside a CPA to develop maximum protection for your assets.

Do I Need a Will?

You may feel you are too young to ask the question “Do I need a will?” However, if you have any dependents, property, or money in savings, it is important to have the peace of mind that it will be managed appropriately.

For more information, contact us today.

Let’s Move This: How Do I Sell My Business in South Carolina?

January 23, 2019/in Business Law, Resources

There comes a time for all business owners when they might want to sell their business to move on to bigger and better things or because they just aren’t making enough money for it to be worth it anymore.

If this sounds like you, you may be asking yourself “How do I sell my business?” It’s not a complicated process if you know what you’re doing but it is easy to make mistakes with it if you don’t. In this article, we’re going to go over the process of selling a business while also going through a few mistakes that you might make during the process.

1. Purchases

Usually, the purchase of a business is going to be in the form of one or two methods, asset purchase or stock purchase. We’re going to briefly go over both of them.

Asset Purchase

An asset purchase is when the buyer either buys some of the seller’s assets or all of them. The buyer gets the most out of this purchase because they will get all of your equipment and inventory without taking on any of the debts that you accumulated throughout the years of running your business.

Stock Purchase

A stock purchase when the buyer fully steps into your shoes and takes either some or all of your stock. This option benefits you the most because they will take on your debts where you left off. It gives you back your freedom and allows you to wash your hands clean in a sense.

Next, we will be giving you an idea about how the sell might go down so you can know what to expect.

2. Primary Negotiations

At this time, the buyer will take their time investigating you to decide if your assets are worth taking. You will meet and discuss this through this process. It may take a little longer if you are doing a stock because they need to know what they are getting themselves into in terms of your debt.

When you meet you should discuss this along with your need for a board of director’s approval if you need any third-party documents, and if you need any third-party approval. Once you’ve come to an agreement it’s time to sign the forms and get started with the pre-closing processes.

3. Pre-Closing

A final agreement is finally created. It contains every detail of the deal that was made, the price, when the business assets will be turned over to the new owner if these assets will be held by an escrow agent, and any other important factors.

Once pre-closing starts, the seller and the buyer will be responsible for gathering any documents that are needed to finalize the deal. These documents will vary depending on if it’s an asset purchase or stock purchase.

4. Closing

Finally the moment of truth, it’s the day of the closing. It’s a lot of paperwork so to make things easier on yourself there are a few things that you’ll need to do.

Make sure every document is both signed and notarized before the big day. The sales proceeds need to be handed out properly according to the terms in the agreement. Lastly, make sure you record an extra copy of all the important documents like the deed.

5. Common Mistakes Made

This is a basic rundown of what the process will look like. It seems pretty on paper but in practice, it isn’t as straight forward. It is very possible and easy to make mistakes. We’re going to go over a few of the common ones.

Not Preparing Enough

The most common and easiest mistake that you can make is failing to prepare enough for the process. Again, you want to make sure all of your documentation is together.

If you’re considering selling your business, you need to start the process as soon as possible. It will take around two years to finish the process so you can see why you shouldn’t put it off.

Being Too Confident

There is nothing wrong with being confident but where you fail is when you’re too confident. When this happens, it could cause you to slack off in making the right preparations. This brings us back to the point above.

If you’re confident that you will get top dollar for your business, you’ll want to stash those dreams away. Granted, it is possible that you will get what you want for it but if you’re stuck on that amount and refuse to budge, you may never sell your business.

Unwilling to Bring in Professionals

You know how to run your business, but think deep inside yourself and ask, “do you have what it takes to sell it?” The answer to this question is most likely no, or at least not as well as a professional could.

Yes, it does cost to hire a broker but chances are, they can sell your business at a price where you will hardly miss the amount of that cost.

Still Asking Yourself How do I Sell My Business?

Are you still asking yourself the question “how do I sell my business?” It’s a long process but not a difficult one if you know what you’re doing. There are many mistakes that you could make, but if you call an experienced broker they can walk you through the negotiations, the pre-closing, and closing process.

Need to get your business sold? Contact us today to talk to one of our experienced attorneys.

Do You Know How to Form an LLC? Here’s Why You Should Let a Lawyer Help

January 22, 2019/in Business Law, Resources

Entrepreneurs are a unique kind of person. They’re go-getters and are usually excited to see exactly what they’re capable of. They want to push themselves to their limits.

Sometimes though, those limits are actually forming the company they want to run. A lot of legal paperwork goes into forming any company. Not everyone knows how to form an LLC, or whether an LLC is right for them.

That’s why entrepreneurs looking to find their start in business should hire a lawyer first. Lawyers are experienced in forming many kinds of business, and they know how to work with many kinds of people. Their clients leave the offices excited and prepared for their futures, whatever may be in them.

Hiring a lawyer is also more than a way to prepare for the future. It sets people up for success early on and gives companies a formal edge against their competition.

Keep reading below to learn why you should hire a lawyer to form your LLC!

Lawyers Know What to Plan for

Do you have a plan for your business in case you end up getting a divorce? Even though it’s not something anyone wants to think about, provisions should be made in case it happens. Divorces end more small businesses than most people would think.

By talking with a lawyer before formalizing your LLC, they will go over provisions like this and many more. Lawyers plan for the future when drawing up an LLC, and they make sure it can keep going regardless of any legal issues.

Divorce is only one of the many unfortunate examples of things that can unexpectedly end a business. But the thing that ends businesses the most is simply a lack of preparation. By hiring a lawyer, you’re one step closer to securing your business’s future.

Your Lawyer Will Explain What You’re Signing

Legal documents are so full of jargon and confusing sentences that they can look like another language. Most people can’t take the time to read privacy policies when they use an app on their phone. How can they be expected to understand the mountain of documents associated with starting a business?

Luckily, lawyers speak the obscure language found on legal documents. They know how to explain LLC forms in a way that makes sense to the people running it. That way, you’ll know exactly what you’re signing.

You won’t accidentally form your tech company as a manufacturer, or anything like that. You’ll avoid many needless mistakes with a lawyer than if you try to form an LLC on your own.

It’s Their Job To Ask The Tough Questions

One of the most overlooked benefits of hiring a lawyer is that they force you to confront what it’s like to run a business. The make sure you understand the reality of running a company by asking you tough questions. Beyond asking about what you’ll do with the business, they’ll want the nitty-gritty details.

That’s because there are different things to file for if you expect to grow quickly, or want to stay small. The lawyer needs to know if the LLC will be family-owned or not, and who will play which role if it is. They’ll need to know if you plan to hire union employees or not.

While all of this should already be answered in your business plan, sometimes it isn’t. By hiring a lawyer, you force yourself to answer these questions before they become an issue.

Hiring a Lawyer Establishes a Relationship if You Need One Later

One of the biggest advantages of hiring a lawyer comes down the line. Most businesses reach a point in their lifecycle where they will need to hire a lawyer. Sometimes you may want someone to look over a contract, or you may need to file a copyright claim on something.

If you hire a lawyer to form your LLC, you’ll be creating more than a company. You’ll also establish a professional relationship with someone who has a valuable skillset. As the person who formed your business, they’ll know it better than a random lawyer you might find online.

That means thorough, quicker, and more meticulous work for you when you need it. It’s always better to work with the people you know than to risk getting someone new. Especially when it comes to something as vital as legal work!

Lawyers Know How To Form An LLC, You Can Focus On Running It

By hiring a lawyer to file the actual forming documents, you’ll be able to pay attention to other things. Rather than spending hours sifting through documents on your own, you’ll be able to actually focus on building the business. That means you have more time to interview candidates, prepare marketing materials, and anything else.

That allows you to capitalize on the early excitement you may have for your new LLC. You won’t burn out by facing the reality of paperwork and legalese that comes with running a company. Instead, you can focus on what you want to do: making money, making a name for yourself, and changing the world.

Formal Company Structure Means More Productivity

Early on, companies may lack a formal structure between employees and managers. This will always come as a cost to your overall productivity as people get confused about their roles. But if you file as an LLC formally, you’ll have a definite organization style to refer to when people get confused.

LLCs have a clear owner, which means managers and employees will always understand who leads them in the end. The person who signs the documents will have the power to make dramatic changes in the company if it needs it. That sort of power helps people understand their role in the company and can boost productivity as a result.

Hiring a Lawyer Will Set You Up Quickly, So You Can Get Right to Business

Knowing how to form an LLC effectively can take years of work and practice. Setting up a company for success means understanding it intimately, as well as the people running it. It means knowing where problems may lie and confronting them immediately.

It also means navigating a bureaucratic maze of legalese and jargon. Most people don’t have the time or willpower to do that. Entrepreneurs just want to get to work, not sift through paperwork.

That’s why hiring a lawyer to form your LLC places you at an advantage.

So contact us, and we will ensure that you’re set up with an LLC that lets you focus on what you do best: running a business. We look forward to hearing from you!