Howell Michael J

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Mon - Fri:	8:30 am - 5:30 pm

Places Near Hilton Head Island with Attorneys

Hilton Head Isle (1 miles)
Daufuskie Island (10 miles)
Bluffton (13 miles)

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Phone: (843) 295-5456

TollFree: (866) 928-4559

AKA

Michael J Howell

Howell, Michael J, JD

Howell Michael J PA Law Office

Howell, Michael J, ATY

Other Links

https://www.hiltonheadestateplanning.com

https://www.hiltonheadestateplanning.com/michael

Categories

Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Business Litigation Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Divorce Attorneys, Estate Planning Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Probate Law Attorneys, Real Estate Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys

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Phone: (843) 785-7590

Address: 112 Executive Ctr, Hilton Head Island, SC 29928

Website: https://www.hiltonheadestateplanning.com

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Howell Michael J

Divorce
Premarital Agreement
The exemption amount of an individual may become a significant issue in negotiating premarital agreements between couples and may cause some to think twice before getting married, especially if one of them has used up his or her exemption. This may also cause “shopping” for a spouse in order to use their exemption.
Guardianship
Avoiding Guardianships and Conservatorships. For those trusts that are not properly funded, it means that upon a disability, which renders you incapable of managing your own affairs, there is a heightened probability that you will have to be declared incapacitated and possibly a guardian and conservator appointed by the probate court to manage your personal and financial affairs. Admittedly, the probability of this type of incapacity is somewhat low, but we certainly have had a number of incapacitated clients over the years.
Annulment
The change to § 62-2-507 defines “disposition or appointment of property,” “divorce or annulment,” “divorced individual,” “governing instrument,” and “revocable.” The significant substantive changes expand the scope of this section to cover life insurance and retirement plan beneficiary designations, transfer on death accounts, and other revocable dispositions to the former spouse established before a divorce or annulment, so that the effect of the divorce or annulment is that the former spouse is not the beneficiary. The change to § 62-2-512 allows a testator to dispose of personal properties other than money or property used in a trade or business by a handwritten or signed list, but also deletes references to securities or title documents, since those are dealt with in other provisions of the law.

Fraud
Michael is a member of the South Carolina Bar and the Florida Bar. He has been serving Beaufort County residents since 1978. Before that, he worked with a tax litigation firm in Columbia, South Carolina from 1974 until 1978. During that time, he was a law clerk and in addition to doing tax work, also worked on civil and criminal fraud cases, and forensic accountings. He also worked closely with a retired Senior Special Agent with the Internal Revenue Service, who also worked with the firm on cases involving tax fraud.
White Collar Crimes
Fourth, even in those cases that are reported and investigated, Beaufort County does not have enough law enforcement personnel who are adequately trained and qualified to investigate such “white collar crimes.” Even in those cases that are prosecuted, often the guilty party negotiates a deal for a lesser sentence.
Murder
The provisions of Part 5 are substantially changed by this act. Definitions for “co-owners with rights of survivorship,” “governing instrument,” and “payor” are added. There is now a 120-hour survival requirement to clarify an individual’s survivorship with relation to a testate and intestate decedent, unless the individuals fall within the exceptions listed in § 62-1-506, making the intestacy rule on inheritance consistent with other transfers at death. The exceptions include circumstances where imposing the 120-hour survival requirement contradicts the terms of a will or trust, deprives the decedent’s estate or beneficiary of tax exemptions, invalidates property interests, or results in an escheat. Another exception is included in § 62-1-505, where a decedent is considered to have survived the death of the decedent’s killer, unless the killer survives for more than 120 hours by clear and convincing evidence. This provision is intended to be consistent with § 62-2-801, which currently covers a murder-suicide issue. Part 5 of this article includes provisions concerning evidence of death, and also includes new provisions concerning obligations and protection of payors and bonafide purchasers who operate in good faith without notice that an individual is not entitled to receive the benefit, and also for the liability of the payor who receives notice of lack of entitlement of an individual. The provisions also provide for an individual’s liability when it is determined that he is not entitled to receive benefits.

Business and Corporate Law

Corporate Law
Mergers and Acquisitions
Business Disputes
Most recently, we have given this seminar as part of the series known as "Law School for Non-Lawyers" sponsored by the South Carolina Bar and the Lowcountry Legal Clinic, to students in business law at the University of South Carolina at the Beaufort South Campus (Sun City Hilton Head); to St. Andrew By-The Sea United Methodist Church as part of its financial planning series, Hilton Head Island, SC; and The First Presbyterian Church, Hilton Head Island, SC, as part of its financial planning series.
Business Transactions
Section 62-6-101 (Definitions) now corresponds better to multiple party accounts issues, and so most of the existing definitions are changed to reflect this change. The term “multiple-party account” replaces “joint accounts” in the definitions. Section 62-6-102 limits the scope of the provisions of Article VI, Part 1 so that they do not apply to certain types of business transactions.
Limited Liability Companies
For years, estate planning attorneys have incorporated asset protection planning into their estate planning. Sometimes asset protection planning is simply structuring matters so as to reduce taxes. Often, estate planning attorneys protect their clients' assets for family members by setting up trusts and/or entities, such as limited liability companies and limited partnerships.

Real Estate Litigation
Please keep in mind that we do not handle any litigation or real estate matters. If there are adversarial or real estate matters, you must hire a litigator and/or a real estate attorney. There are also other matters that we do not handle, but they are not likely to be relevant in most ancillary probates. However, if they do become an issue, you will be advised.

Trusts and Estates

Estate Planning
Our Economy Plan cannot be combined with any other offers or discounts offered by us, including but not limited to our free initial consultation for up to one hour of time, which is designed for more complex estate planning.
Wills
Protect Your Estate Plan from Expensive Will Contests, Trust Contests and Probate Litigation — The Law Office of Michael J. Howell
Trusts
T his checklist is primarily for South Carolina informal probate and appointment and/or for those decedents utilizing Revocable Living Trust Agreements and living in Beaufort County, South Carolina.
Power of Attorney
Also, the use of a durable general power of attorney to fund your trust is subject to the approval or disapproval of third parties. Often banks, stock brokerage firms and insurance companies, just to name a few, are hesitate to honor such powers of attorney; although, many states now have laws that provide for damages if third parties are unreasonable in their failure to honor a power of attorney and you are damaged by their not recognizing the power of attorney. A fully funded trust can avoid this.
Probate
If you elect, we will match the published fee schedule of any other South Carolina law firm that locally employees an attorney who is certified by the South Carolina Supreme Court as a specialist in Estate Planning and Probate law.

Bankruptcy
Foreclosure
Sometimes the creditor is someone who obtains a judgment, maybe because of a lawsuit or a foreclosure with a deficiency judgment, and sometimes it is just the Internal Revenue Service looking for tax dollars. At other times, it may be a spouse in a divorce proceeding.
Tax Law
Although some members of the firm were Republicans, the firm represented many prominent Democrats, including state and local officials in Columbia and Washington in various tax matters. While there, Michael learned a lot about politics and taxes, neither of which he particularily likes.

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