Charleston Law Blog

The creation of a last will and testament does not always prevent disputes from arising after someone passes away in South Carolina. A variety of reasons, such as a concern that someone took advantage of an elderly person, could prompt a person to contest a will. Probate courts oversee the validation and execution of wills, and a will contest petition requires the identification and notification of all interested parties.

Interested parties could encompass a larger group of people than the petitioner might initially realize. The people named within the actual will document form a group of directly interested parties. In addition to the people listed within the will, the probate court might deem some or all family members of the decedent as interested parties regardless of their presence or absence within the will.

In past generations, South Carolina residents were more likely to enter into marriage with concrete assets, like homes and property. It would seem that millennials are less interested in concrete assets and more interested in investing in the stock market. This shift in financial focus as well as a change in certain beliefs pertaining to marriage and divorce may be contributing factors to what one study showed as a 62% increase in clients asking their lawyers for prenuptial agreements. It seems that this increase is driven by millennials.

Millennials grew up in a world that seemed less financially stable than the one their parents grew up in. Many millennials first stepped into the job market toward the end of the 2000s during the strongest part of the economic downturn. They felt firsthand how tumultuous the economy could be, and this has led many to look for ways to protect themselves financially from any future economic upheaval.

It might come as a surprise to couples in South Carolina that women file for divorce in rates much higher than men. In some studies, the rate of women filing for divorce is 80 percent while in others, it is slightly lower, at 69 percent. With the divorce rate at around 50%, it might be important to consider the different reasons why women might choose to file for divorce.

While there are clear reasons that often come up when a couple decides to end their marriage, such as escaping abuse, hurt over cheating or problems with substance and alcohol dependence, there are additional reasons that might lead to a wife filing for divorce. One of these reasons is the marriage not living up expectations. The reality of living together, dealing with the routine of work, home and kids, might lead to a woman feeling like the marriage has lost what made the relationship special. This is similar to another reason, which is the loss of romance once a couple marries. The little things that might be construed as romance, such as a man bringing flowers to his significant other are often lost after marriage as people settle into their new normal.

For some people in South Carolina, divorce can cause both emotional and financial stress. Studies show that this stress can be even more acute for adults who are older than 50, and divorce is on the rise among this age group.

Several studies on how divorce affects people have been conducted by the National Center for Family & Marriage Research at Bowling Green University. Divorce among older people is sometimes referred to as "gray divorce," and according to one study, it can cause higher rates of depression than the death of a spouse. Another study found that for women, a gray divorce meant a 45% drop in the standard of living. For men, the drop was 21%.