We focus on several areas of practice. If you have questions about a legal matter below or one not listed please feel free to contact us!
QUIET TITLE ACTIONS
A quiet title action is a litigation process that determines the ownership of real property. The ending results of an effective quiet title action would confirm title to property in the names of the rightful owners and declare that the property is free and clear from claims of all other persons.
Quiet title actions typically are used in conjunction with the following services provided by our office:
- Partition Actions
- Actions establishing Adverse Possession
- Establishing Easements
- Voiding Deeds
- Property Disputes
- Title Issues
- Confirming title to property purchased from delinquent tax sales
HEIRS PROPERTY ISSUES
Quiet title actions primarily are used in clearing title to heirs property. Heirs property is created when real estate passes from one generation to the next without probate administration, or a legal document recorded in the public records that establish ownership. Multiple, and sometimes hundreds, unidentified relatives may simultaneously own an interest in heirs property.
Why clear title to heirs property?
Without a clear title, family members may not be able to determine who is responsible for paying property taxes, who has the right to occupy the property, or who is responsible for maintaining and preserving the property. Furthermore, title to heirs property is inherently defective, and defective title can diminish the market value of property.
PROBATE ADMINISTRATION
After a loved one passes away, the probate administration allows for the effective distribution of the deceased individual’s assets. As it relates to real estate, probate administration formally releases and distributes the property to the deceased person’s legal heir(s) or devisee(s). If the deceased person had clear title at the time of death, probate administration allows the distribution of clear title to the property. Estates must be probated within ten years after a person dies. Otherwise, a quiet title action would be necessary to obtain clear title to the property.
WILLS
A will is a legal document that determines what happens to an individual’s assets upon death. The individual who created the will is called the testator. A testator can appoint legal guardians and provide instructions for managing his or her estate in a valid will. A testator can even create trusts and designate trustees in a will. A valid will can reduce the chances of the heirs to the testator’s estate having to spend additional time, money, emotional energy, and family strife that could arise while settling the deceased person’s estate. A will must go through probate administration within ten years after the testator’s death. If the individual dies without a will being probated, South Carolina intestacy laws may control the inheritance rights to property located in this state.
REAL ESTATE CLOSINGS
We provide settlement services necessary to complete real estate closing transactions. During the closing process, we ensure compliance with the contract terms and make sure the client has a clear understanding of the closing documents. Depending on whether the client is buying or selling real estate, our services include but are not limited to, reviewing the contract, drafting deeds and affidavits, reviewing the closing settlement statement, providing a title search, preparing the closing documents, and conferencing with the client to review and sign the closing documents.
TITLE ISSUES
Our firm provides title services such as preparing deeds to transfer title to real estate. We also provide title searches and render expert opinion as to whether the property has marketable title. As a result of our thorough title searches, we will provide detailed information on any title defects reported on a title search, provide possible solutions for resolving title issues, and the cost associated with each solution. If you need a title search conducted on property located in South Carolina, reach out to us for a quote.
LIMITED LIABILITY COMPANIES/LLCS
A limited liability company (“LLC”) is a legal entity that is recognized in every state in our country. Unlike a corporation, an LLC is taxed only once. Revenues and expenses pass to each member through the member’s personal tax returns. The members pay personal income tax only on income derived from profits.
An LLC limits personal liability of its members, thereby protecting the members personal assets. Members are allowed flexibility as to how the business is operated. The members decide how the business is operated and managed through a document called an operating agreement. Our office can assist you with forming limited liability companies, drafting operating agreements, and obtaining Employer Identification Number (EIN) from the Internal Revenue Service.
“Keeping the Property in the Family”
Family LLC’s are an effective tool to preserve family property or to some extent, “keep the property in the family”. The family members become members of the LLC. Usually, each family member owning an interest in the family property will own an equivalent interest in the LLC. Among other things, the LLC structure allows family members to maintain control over the family assets owned by the LLC, decide who would have voting privileges, determine whether members can transfer their interest to third parties, and what happens to a member’s interest in the LLC upon death. If your family desires to preserve and protect its property with a family LLC, contact us to schedule a consultation.
Menu
Disclaimer
This is a lawyer advertisement. The information contained in this website is not, nor is it intended to be, legal advice. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.