Sligh Law Firm, PASligh Law Firm, PA2026-07-13T16:27:58Zhttps://www.horrylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502098/2020/07/cropped-favicon-32x32.pngOn Behalf of Sligh Law Firm, P.A.<![CDATA[No response from executor: How can heirs enforce probate rights?]]>https://www.horrylaw.com/?p=475432026-07-13T16:27:58Z2026-07-13T15:52:03ZWhat are an executor's legal obligations?
An executor has specific legal duties they must carry out. These include gathering all estate assets, paying outstanding debts and giving property to heirs as directed by the will. The executor must also keep heirs informed throughout the process. This means regularly sharing updates and answering questions on time.
Heirs have a right to know what is happening with the estate. Going silent or stalling without a good reason may be a breach of duty.
When does silence become a problem?
Some delays in probate are normal. Large or complex estates take time to settle. However, long stretches of silence are often a red flag. If months pass with no updates or responses, heirs have reason to worry. Missing court deadlines or failing to file required papers also signals that something may be wrong. South Carolina law strictly requires executors to close the estate within one year from their date of appointment, unless the probate court grants a formal extension.
What legal options do heirs have?
Heirs can take action if an executor is not responsive. The probate court has the power to step in and require action. Heirs can file a petition asking the court to demand a full accounting of estate assets and the steps taken so far.
The court may also order the executor to act or explain any delays. If the executor has mismanaged funds or acted in bad faith, the court can hold them personally responsible. In serious cases, the court can remove the executor entirely and name a new one to take over.
Protecting your inheritance rights
Addressing an unresponsive executor requires prompt action. Create a clear timeline showing how long the executor has been unresponsive. This organized record becomes valuable evidence if court intervention becomes necessary. Acting early can help you hold executors accountable and keep the estate settlement on track.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[What happens in a temporary hearing during a pending divorce?]]>https://www.horrylaw.com/?p=475422026-07-10T09:19:51Z2026-07-10T09:19:51ZWhat is the purpose of a temporary hearing?
A temporary hearing establishes court orders that remain in effect until the final divorce decree. The judge makes decisions about immediate concerns that affect daily life. These orders can provide structure and stability during an uncertain time.
South Carolina family courts hold these hearings to address pressing issues that cannot wait for the final trial. The decisions made are not permanent but serve as a bridge until the divorce concludes.
What issues does the court address?
The judge can rule on several critical matters during this hearing. Common issues include:
Child custody and visitation schedules
Temporary child support
Temporary spousal support
Payment of household bills and expenses
Use of the marital home
Protection orders if safety concerns exist
The judge bases decisions on the evidence presented. While these rulings are temporary, they may often influence the final divorce settlement.
How should someone prepare for this hearing?
Temporary hearings are typically shorter than final divorce trials, lasting around 15 minutes. The judge may ask questions to clarify financial situations or parenting arrangements. Both parties have the opportunity to present written evidence to support their positions. This includes pay stubs, financial declarations, household bills and written witness affidavits.
This evidence helps the court understand each party's financial capacity and the needs of any children. The hearing focuses on immediate needs rather than a comprehensive review of all marital issues.
Finding stability during the divorce process
Divorce brings upheaval to every aspect of daily life. Temporary hearings provide necessary structure during a challenging transition period. The court understands that waiting months for final decisions is not realistic for most families. While temporary, these decisions have impact on daily life and family routines.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Addressing extracurricular activities in custody, parenting plans]]>https://www.horrylaw.com/?p=475412026-07-03T19:26:49Z2026-07-03T19:26:22ZConsider all the challenges in advance
Extracurricular activities can easily cause disputes between parents. They may disagree about what activities their children participate in, who pays for the costs and who gets to attend special events.
In some cases, parents may even end up having arguments in public settings because they struggle to share space with one another. The more conflict there is surrounding extracurricular activities, the harder the situation may be for the children.
Parents can reduce opportunities for disagreements by deciding in advance how they intend to share the costs of extracurricular activities. They can create rules for adjusting the custody schedule based on how practices, games and other special events impact the allocation of parenting time.
They can even have rules for attending performances, meets or games. Alternating attendance or agreeing to sit in different areas to avoid conflict can be helpful in some cases. Parents who maintain a positive dynamic might even be able to sit together, creating an entire section of people cheering for their children.
Planning for issues that are likely to complicate shared custody is the best approach. Parents who have experienced legal guidance in creating or modifying their child custody order and parenting plan can help ensure their arrangements properly meet everyone's needs while prioritizing what is best for their children.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Why some separate assets end up on the division table]]>https://www.horrylaw.com/?p=475402026-06-23T19:49:43Z2026-06-23T19:49:43ZIt’s easy to assume the assets you brought into the marriage are yours to keep, no matter what happens down the road, but it’s not always the case. The line between separate and marital assets can blur faster than most people realize.
South Carolina courts generally start with the assumption that property owned before marriage, inheritances and gifts from third parties remain separate. That said, even separate property can become subject to division under certain circumstances.
When separate assets lose their status
Under South Carolina law, separate assets may be up for division when they are commingled with marital funds, retitled in both spouses' names, or used in a manner that supports the marriage such that tracing the original source becomes difficult or impossible.For example, if you deposit inherited funds into a joint account used for everyday expenses, mortgage payments or shared investments, it may become difficult to prove which portion of the money remained separate. The more intertwined the funds become, the greater the likelihood the court will view them as part of the marital estate.
The paper trail matters
Whether separate property retains its original status during divorce often depends on the strength of the supporting financial records. Courts do not simply accept labels or assumptions about ownership. They look for consistent documentation that supports how the asset was handled throughout the marriage.Remember, the burden of proof is on the spouse claiming that certain property is wholly or partially separate. Bank statements, account histories, deeds, closing documents and records tracing the source and movement of funds can all play a key role in demonstrating how the asset was acquired, maintained and used over time.Disputes over how assets are classified during divorce can become highly contentious, and you may lose out on a lot if you’re not careful. If you are going through a divorce or anticipating one, getting appropriate guidance early in the process can help you better understand where you stand and what may be required to protect your financial interests moving forward.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Can moving away after divorce affect custody arrangements?]]>https://www.horrylaw.com/?p=475362026-06-22T17:03:36Z2026-06-15T15:51:29ZDivorce often brings major life changes, including new job opportunities, housing shifts or the desire to move closer to family support. While these decisions may feel personal and practical, they can carry serious legal weight when children are involved. In South Carolina, a proposed move after divorce can directly affect custody arrangements and parenting time, especially when it changes the child’s daily routine or limits access to one parent.
Relocation can impact existing custody agreements
In South Carolina, child custody decisions focus on the child’s best interests. When a parent plans to relocate a significant distance away, the court may view the move as a potential change in circumstances that affects the existing custody order.A relocation is especially important when it involves crossing state lines. In many cases, the moving parent must notify the other parent in advance and may need court approval if the move disrupts the current custody arrangement.Courts do not automatically block a move, but they will review how it may affect the child’s stability, schooling and relationship with both parents. Judges also consider whether the move improves the child’s overall quality of life or creates unnecessary disruption.
Factors courts may consider in relocation cases
When reviewing a relocation request, South Carolina courts look closely at the full situation before making a decision. Each case depends on its own facts, but judges often evaluate:
The reason for the proposed move and whether it is made in good faith
The distance of the move and its impact on parenting time
The child’s relationship with both parents
The child’s ties to school, community and extended family
Whether a revised custody schedule can preserve meaningful contact
The potential benefits or drawbacks of the move for the child
No single factor controls the outcome. Courts weigh all circumstances together and focus on what arrangement best supports the child’s stability and well-being.Parents who plan ahead and communicate early may reduce conflict and help protect their custody rights during a relocation discussion.
Understanding your options before you move
A post-divorce move does not automatically change custody, but it can trigger legal review and possible modification of an existing order. Because South Carolina courts prioritize the child’s best interests, even well-intentioned relocations require careful consideration.Parents benefit from understanding their rights and responsibilities before making any decisions that could affect custody. Speaking with a family law attorney can help clarify legal requirements and provide guidance based on the specific facts of the case.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Divorce requires the division of debts, not just assets]]>https://www.horrylaw.com/?p=475342026-06-08T02:35:53Z2026-06-08T02:35:53ZGoing through a divorce requires both parties to make decisions about the marital estate. One of these is how they’re going to handle debts that were acquired during the marriage. This is a significant decision because the way it’s handled can impact the credit report of both parties.
It’s critical for you to understand how the division of debt can impact you now and into the future. One of the first things you should do is to evaluate the options for handling the debts.
Liquidate assets to pay debts
If there are enough assets in the marital estate, it might be best to liquidate those to pay off the debts. This will limit what they walk away with; however, it also eliminates the need to worry about paying those debts in the future.
Assign debts to parties
Another option is to assign each debt to one of the parties. The downside of this is that the creditors don’t have to abide by the assignment of debts because they’re not a party in the divorce process. This means that if your ex doesn’t pay the debts they’re assigned, the creditor could report the nonpayment on your credit report.
Transfer debts to individual accounts
If the debts are assigned as part of the property division process, it may be possible to transfer those to individual accounts instead of leaving them as joint accounts. Creditors don’t have to agree to this, so it’s something that should be evaluated ahead of time. The property division process must be handled carefully so you’re able to walk away with a settlement that’s in your best interest. Working with someone who can help you work toward that goal is beneficial. ]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[How to protect your children’s inheritance during divorce]]>https://www.horrylaw.com/?p=475332026-05-26T14:50:35Z2026-05-26T14:50:35ZDivorce often forces parents to rethink important financial and estate planning decisions. One major concern is making sure children remain protected and receive the inheritance intended for them in the future.
Without proper planning, inheritance disputes may arise after divorce or remarriage. Parents should understand how estate planning tools and property arrangements can help preserve assets for their children.
Understanding separate and marital property
In South Carolina, inheritance is generally considered separate property if it has remained separate from shared marital finances. Problems may arise when inherited funds are placed into joint accounts or used for shared expenses.Keeping inherited money or property separate can help prevent confusion during property division proceedings. Having clear financial records also makes it easier to show that the inheritance belongs to one individual.
Updating wills and beneficiary plans
After a divorce, updating wills and beneficiary designations is extremely important. Old estate planning documents may still direct assets to a former spouse if changes are not made promptly.Parents should carefully review retirement accounts, insurance policies and property documents to ensure children are properly included as beneficiaries. This step helps reduce future legal disputes and confusion.
Protecting children from previous relationships
Blended families may create additional inheritance concerns. Children from earlier relationships can face challenges if a parent passes away without a clear estate plan.A properly written will can identify which assets should pass directly to specific children. This approach provides greater certainty and helps avoid disagreements among surviving relatives.
Using trusts to preserve inheritance
Trusts are commonly used to protect inheritances intended for children. A trust may help ensure that inherited assets remain separate and are managed according to the parent’s wishes. This option may also help adult children avoid accidental mixing of inherited property with marital assets during their own marriages.Parents facing divorce or estate planning decisions should consider seeking professional legal guidance to help protect their children’s financial future and preserve important family assets.
]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[Tips for better child custody plans after a messy divorce]]>https://www.horrylaw.com/?p=475322026-05-13T11:38:18Z2026-05-13T11:38:18ZA difficult divorce can leave lasting tension between parents, making child custody arrangements harder to manage. Emotions, disagreements and communication problems often continue long after the divorce is finalized.
Despite the conflict, children benefit most when parents create a stable and supportive environment. A clear custody plan can reduce confusion, improve consistency and help children adjust more comfortably to life after divorce.
Put the custody agreement in writing
A detailed written parenting plan is one of the most important steps after a messy divorce. Having clear schedules and responsibilities helps reduce misunderstandings and future disputes.
Keep the focus on the children
Successful custody arrangements work best when parents prioritize the emotional and practical needs of their children instead of personal conflicts.Children should never feel pressured to choose sides or carry messages between parents. Avoiding negative comments about the other parent can help children feel more secure and emotionally supported.
Create consistent routines
Children usually adapt better when both households maintain similar expectations and routines. Consistent rules regarding schoolwork, bedtime, discipline and activities can help create stability.Parents do not need identical households, but maintaining reasonable consistency may help children feel safe and supported regardless of which parent they are staying with.
Improve communication and cooperation
Effective communication remains important even after a difficult divorce. Using respectful and child-focused communication can help prevent unnecessary conflict.Some parents use parenting apps, calendar or written messages to reduce arguments and keep records of schedules and agreements.
Building a healthier future for your children
A strong custody plan can help children maintain healthy relationships with both parents while reducing stress after divorce. Stability, cooperation and consistency often create better long-term outcomes for the entire family.Seeking reliable legal guidance can help you create or modify a custody arrangement that protects your parental rights and supports your child’s best interests after a challenging divorce.]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[What happens to property if there’s no estate plan?]]>https://www.horrylaw.com/?p=475292026-04-28T21:56:52Z2026-04-28T21:48:51ZIf someone dies without a will in South Carolina, the law decides who gets their property. This process is called intestate succession, and while it may sound orderly, it rarely reflects what people actually want for their families. Here’s what happens when there’s no estate plan in place.
First, the probate court will appoint someone to manage the estate. This person is called a personal representative. Think of them as the court’s chosen manager for the estate during probate. In most cases, courts give priority to close family members, but it’s not automatic. Anyone who has an interest in the estate may petition the court. Sometimes, there may be more than one person willing to serve, which can lead to delays or disputes.
Who gets what depends on the family structure
All the property without a designated beneficiary or co-owner becomes part of the probate estate and will be distributed accordingly. The law follows a strict hierarchy, and the deceased's family situation determines who inherits what. For instance, if they have a spouse but no children, the spouse inherits everything. If they’re survived by a spouse and children, the spouse gets half of the estate while the children divide the rest equally.If they’re not survived by a spouse or children, the estate moves up the family tree. Parents inherit first if they are living. If not, siblings become the next in line. From there, the law continues branching outward to more distant relatives like nieces, nephews and cousins. In rare cases where no legal heirs can be found at all, the property may pass to the state.
The hidden costs of dying intestate
Dying without a clear roadmap for what should happen doesn’t just affect who inherits what. It also shapes the process and difficulty of passing on the assets. Probate can take months or longer, and disagreements among family members are common. Experienced legal guidance can often be crucial.
]]>On Behalf of Sligh Law Firm, P.A.<![CDATA[5 signs your divorce may need a forensic accountant]]>https://www.horrylaw.com/?p=475272026-04-28T10:47:53Z2026-04-28T10:47:53ZWhen you and your spouse bring large assets into a divorce, the stakes grow fast. South Carolina divides marital property through equitable distribution. This typically results in equal division unless specific factors justify a different split.
A business, a professional practice or years of mixed investments can complicate that process significantly. A forensic accountant gives your legal team a clear financial picture that your case may need.
What your financial picture may already be signaling
Your financial situation may raise questions that a standard review alone cannot answer. These five situations often point toward the need for a forensic accountant:
You or your spouse own a business or professional practice: Under South Carolina law, marital business interests fall under equitable distribution. How the business is valued can change the outcome significantly.
Your income includes sources beyond a regular salary: Bonuses, distributions and business income are harder to verify and easier to time before a filing.
Your personal and shared assets have mixed: Mixing separate property with marital funds over the years can put its protection at risk.
Your spouse controlled most of the financial records: Gaps or inconsistencies make it harder to confirm what belongs in your shared pool of assets.
Any one of these factors can create real gaps in what a standard financial review uncovers.
What equitable distribution actually means for your bottom line
South Carolina courts consider different factors to divide marital property. A forensic accountant can support your attorney on several of those factors, such as your economic position and your financial contributions to the marriage.If you own a business, the distinction between personal goodwill and enterprise goodwill matters. The state treats personal goodwill as separate property. Enterprise goodwill tied to the business itself can fall into the marital estate. The difference between the two can represent a significant sum.
Do not let complexity work against you
In any high-asset divorce, facing complicated financial situations is not unusual. Working with legal counsel, a forensic accountant can provide real protection. That work gives your legal team accurate, verifiable figures to bring into court. Your financial future deserves that level of support.]]>