Off the Record: A Legal Podcast

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...

Episode Summary: In this practical and insightful episode, attorney Rhett Burney returns to share the top 10 things he wishes every client knew before walking into a courtroom. Rhett sheds light on the biggest misconceptions about legal proceedings, including how long cases take, why costs add up, how opposing parties affect the timeline, and what really happens when emotions run high. From the un...

Episode Summary: In this episode of Off the Record, attorney Rhett Burney breaks down the real reasons why divorce and custody cases in South Carolina can become so costly. From attorney time and discovery to emotional battles and post-judgment disputes, Rhett explains the hidden costs, delays, and complexities behind family court litigation. Whether you’re preparing for a divorce or simply want t...

Episode Summary: Attorney Rhett Burney breaks down the complex process of dividing retirement assets during divorce in South Carolina. Learn about marital vs non-marital portions of retirement accounts, tax implications, and how Qualified Domestic Relations Orders (QDROs) work. This episode provides valuable insights into handling 401(k)s, IRAs, pensions, and other retirement assets during divorce...

Episode Summary: Attorney Rhett Burney discusses the complex legal landscape of grandparents' rights in South Carolina, covering visitation rights, custody requirements, and the court's approach to balancing parental and grandparental interests. The episode explores various scenarios where grandparents can seek legal visitation or custody, the evidence requirements, and common challenges faced in...

Episode Summary: In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney dive into the complexities of the probate process. With 30 years of legal experience, Rhett demystifies common misconceptions about probate, explains key roles like personal representatives and trustees, and shares insights on preventing family conflicts during estate administration.   Key Timestamp...

Episode Summary: In this episode of Off the Record, attorney Rhett Burney discusses the key differences between wills and trusts in South Carolina. He explains when each estate planning tool is most appropriate, debunks common misconceptions, and provides practical advice for those considering their estate planning options.   Timestamps: 00:00 - Show Introduction 00:31 - Opening discussion 01:29 -...

Episode Summary: In this episode of Off the Record, attorney Rhett Burney discusses the differences between mediation and litigation in South Carolina divorce cases. He explains how mediation is a mandatory step in the divorce process, with an 85-90% success rate. The episode covers the benefits of mediation, including cost savings, better communication between parties, and maintaining control ove...

  Episode Summary: In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney discuss post-divorce modifications in South Carolina. They explore the legal standards, qualifying circumstances, and processes involved in modifying divorce agreements, including changes to custody, child support, and alimony arrangements.   Key Timestamps: 00:00 - Introduction to Off the Record...

Episode Summary In this episode of Off the Record, Kevin Rosenquist and attorney Rhett Burney discuss the crucial medical documents everyone should have in place to ensure healthcare wishes are respected. They explore the differences between healthcare power of attorney, living wills, and DNR (Do Not Resuscitate) orders. Rhett breaks down how these documents can prevent family conflict during diff...

Episode Summary In this episode of Off the Record, hosts Kevin Rosenquist and attorney Rhett Burney discuss prenuptial and postnuptial agreements in South Carolina. They explore common misconceptions about these legal documents, their importance, and how they can help couples protect their assets. Rhett explains the requirements for these agreements to be enforceable, including full financial disc...

Episode Summary In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney discuss the critical steps individuals need to take in updating their estate plans after a divorce. They delve into the importance of revising wills, beneficiary designations, powers of attorney, and healthcare proxies to reflect life changes. They also discuss the legal protections offered in South...

Episode Summary In this episode of Off the Record Legal Podcast, LPN host Kevin Rosenquist is joined by attorney Rhett Burney and special guest Leslie Fisk to discuss key things attorneys wish clients understood but might not explicitly say. They explore common misconceptions about the legal system, the importance of setting realistic expectations, and how emotions can undermine cases. They also h...