Off the Record: A Legal Podcast

Episode Summary: Melissa Smith, a family law attorney, delves into the legal aspects of safeguarding your family home in South Carolina. She emphasizes the importance of legally documenting your wishes to ensure a smooth transfer of property after your passing, shedding light on common misconceptions and potential pitfalls in estate planning. Key Timestamps: 00:00 – Introduction 01:17 – Importance...

Episode Summary: In this episode, family law attorney Melissa Smith sheds light on parental alienation, a complex issue in custody cases where one parent influences a child's opinion of the other. Melissa explains the challenges of proving parental alienation, the impact on children, and ways to protect and repair parent-child relationships amidst divorce. Key Timestamps: - 00:00 – Introduction -...

Episode Summary: In this episode of *Off the Record*, family law attorney Melissa Smith sheds light on child support enforcement in South Carolina. From defining contempt of court to exploring enforcement options, Melissa provides valuable insights for anyone navigating child support challenges. Key Timestamps: 00:00 – Introduction 00:45 – Gathering Evidence Before Heading to Court 01:30 – Definin...

Episode Summary:  In this episode of *Off the Record*, Rhett Burney sheds light on the pitfalls of creating wills and estate plans using online templates. He discusses the common issues that arise from these DIY documents, emphasizing the importance of seeking professional legal advice to avoid future complications. Key Timestamps: - 00:00 – Introduction - 01:30 – Common issues with online wills -...

Episode Summary: In this episode of *Off the Record*, Rhett Burney discusses the complexities of custody and visitation schedules in South Carolina, specifically focusing on how breastfeeding can impact court decisions. Rhett sheds light on how judges handle cases where breastfeeding becomes a contentious issue between parents and emphasizes the importance of creating stability and fairness for bo...

Episode Summary: Attorney Rhett Burney shares insights on handling properties in different states during estate planning. From trust setups to probate processes, he explains the complexities and offers solutions for a seamless transition of ownership. Key Timestamps: 00:00 – Introduction 00:45 – Handling multi-state properties 01:30 – Trusts vs. estates for property management 02:15 – Simplifying...

Episode Summary:  In this episode of *Off the Record*, Rhett Burney sheds light on the complexities of restraining orders in family court. From defining what a restraining order entails to discussing its impact on ongoing family court matters, Rhett provides valuable insights into the legal implications and considerations involved. Key Timestamps: - 00:00 – Introduction - 00:45 – Types of Restrain...

Episode Summary: Join experienced family court paralegal Allison Crank as she shares valuable insights on what to expect when dealing with family court matters. From initial consultations to court proceedings, Allison provides guidance on effective communication, managing emotions, and staying organized throughout the legal process. Key Timestamps: 00:00 – Introduction 01:15 – Importance of priori...

Episode Summary: Shelby Flagg, an experienced probate paralegal, shares insights on the probate process and how families can navigate it effectively. From debunking common misunderstandings to emphasizing the importance of communication, Shelby provides valuable advice for anyone facing probate proceedings. Key Timestamps: 00:00 – Introduction 01:30 – Shelby's Journey to Becoming a Probate Paraleg...

Episode Summary: Join Bizzy Hatcher, paralegal in this episode of *Off the Record* as she provides a comprehensive guide to the probate process. From what to expect immediately after a loved one's passing to navigating the complexities of asset distribution and handling creditors, Bizzy sheds light on the essential steps involved in probate, offering valuable insights for families facing this chal...

Episode Summary: In this episode, family law attorney Leslie Fisk sheds light on the intricacies of child support laws in South Carolina. From calculating child support based on incomes to addressing common misconceptions, Leslie provides valuable insights for individuals navigating child support arrangements. Key Timestamps: 00:00 – Introduction 01:30 – Importance of child support inquiries pre-d...

Episode Summary: In this episode, attorney Bill Finn from the Law Offices of Rhett Burney sheds light on legal separation in South Carolina. He clarifies that legal separation in the state is not a formal status but rather a step towards a no-fault divorce. Bill explains the significance of filing for separate support and maintenance, enabling couples to settle issues like child custody, visitatio...

Episode Summary: Attorney Bill Finn from the Law Office of Rhett Burney in South Carolina sheds light on the complexities of debt division during divorce in South Carolina. He discusses how marital debt is viewed by the court, the difference between marital and separate debt, and the implications of individual debt on both parties. Bill also delves into the importance of handling finances amicably...

Episode Summary: In this episode of *Off the Record*, experienced family law and estate planning attorney discusses the complexities of uncovering hidden assets in divorce cases. From identifying signs of financial deceit to navigating the legal processes involved, the episode sheds light on the challenges faced by individuals dealing with undisclosed finances during divorce proceedings. Key Times...

Episode Summary: In this episode of *Off the Record*, Rhett Burney shares insights on avoiding family disputes posthumously through effective estate planning. Rhett emphasizes the importance of considering family dynamics, being specific in asset distribution, and fostering open communication to prevent conflicts. With real-life examples, he highlights the significance of clear instructions and se...

Episode Summary: In this episode, Melissa Smith, an associate at a law firm, discuss naming a guardian for children in a custody dispute. Melissa explains the role of a guardian, how courts make decisions, and the importance of good planning to prevent conflicts. She emphasizes the significance of considering the child's best interests and the impact of parental boundaries on custody arrangements....

Episode Summary: In this episode of *Off the Record*, family law and estate planning attorney Rhett Burney discusses the importance and benefits of charitable giving in estate planning. He highlights how charitable donations can benefit both the charity and the individual's estate, providing tax advantages and creating a lasting legacy. Key Timestamps: 00:00 – Introduction 01:15 – Benefits of Char...

Episode Summary: Discover the intricate processes of adoption in South Carolina with Rhett Burney and Bill Finn delve into the various scenarios leading to adoption, unexpected challenges families face, and the legal intricacies that shape the adoption journey. Gain valuable insights into the complexities of adoption and the significance of legal safeguards in ensuring the best interests of the ch...

Episode Summary: In this episode of *Off the Record*, Rhett Burney and special guest Bill Finn delve into the importance of powers of attorney in estate planning. They explain the significance of having a power of attorney document, who should have one, and why it's crucial for everyone, regardless of age. The discussion highlights different types of powers of attorney, when they come into effect,...

Episode Summary: In this episode of Off the Record, South Carolina attorney Rhett Burney explains how blended families can avoid estate planning mistakes that often lead to conflict. With more families including stepchildren, half-siblings, and second marriages, Rhett breaks down why simple wills often fall short and how trusts can protect all loved ones fairly. He shares how South Carolina law tr...

Episode Summary: In this episode of Off the Record, South Carolina attorney Rhett Burney shares practical estate planning advice on how to prevent family disputes over sentimental belongings like jewelry, furniture, and heirlooms. Rhett explains why informal methods—like putting sticky notes on items—often lead to confusion and conflict, and how to legally document personal property through a will...

Episode Summary: In this episode of Off the Record, South Carolina family law attorney Rhett Burney joins attorney Anna Tarbert to discuss how mediation works, why it’s required in family court, and how it helps couples stay in control of their outcomes. Rhett explains the mediation process, common misconceptions, and why it often leads to better results than going to trial. The conversation cover...

Episode Summary: In this episode of Off the Record, South Carolina family law attorney Rhett Burney discusses the important legal and financial steps to take before remarrying. From updating wills and beneficiaries to understanding how remarriage impacts alimony and custody, Rhett outlines what couples should review to protect themselves, their children, and their assets. He also explains the role...

Episode Summary: In this episode of Off the Record, family law and estate planning attorney Rhett Burney demystifies one of the most misunderstood areas of divorce law: alimony. With over 30 years of experience serving clients across South Carolina, Rhett explains what alimony is meant to achieve, the factors judges weigh in determining awards, and why outcomes can differ so widely depending on th...

Episode Summary: In this episode of Off the Record, South Carolina family law and estate planning attorney Rhett Burney discusses one of the most important estate planning decisions: how to choose the right executor. Rhett explains the critical role executors (or personal representatives) play in administering an estate, from locating assets to ensuring heirs receive what they are entitled to. He...