Off the Record: A Legal Podcast

Dividing Retirement in Divorce – What You Need to Know

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 proceedings.
 
Key Timestamps:
00:00 - Introduction
00:33 - How retirement assets are treated in SC divorce
00:59 - Pre-marriage vs. during-marriage retirement funds
03:49 - Understanding QDROs and tax implications
07:22 - Military/government pensions
09:31 - Different types of retirement accounts
12:25 - Market fluctuations impact on retirement division
16:03 - Timing and valuation of asset division
 
About The Show:
“Off The Record” is a legal podcast that delivers straightforward insights into family law matters. Each episode features practical legal knowledge and expert guidance for navigating complex legal situations.

Grandparent Rights in South Carolina – When Love Meets the Law

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 these cases.
 
Key Timestamps:
00:00 - Introduction
00:35 - Requirements for grandparents seeking visitation rights
02:00 - Balancing parental rights with grandparental interests
03:14 - Common scenarios involving grandparents' rights
05:16 - Legal threshold and evidence requirements
06:33 - Circumstances for grandparents obtaining custody
08:12 - Impact of parental rights termination
09:54 - Real-world cases and variables
12:01 - Family dynamics and relationship challenges
14:03 - Comparison with other family members' rights
 
About The Show:
Off The Record is a legal podcast that breaks down complex legal topics into understandable discussions. Each episode features practical insights and expert analysis of South Carolina law.

Wills vs. Trusts: What Every South Carolina Resident Needs to Know

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 Timestamps:
00:00 - Show Introduction
00:32 - Addressing probate fears and misconceptions
01:35 - Common myths about probate costs and timeline
03:07 - State laws and intestate succession
04:32 - Wills, trusts, and probate process
05:46 - Types of assets prone to disputes
06:44 - Managing family conflicts during probate
07:55 - Role of personal representative explained
08:41 - Difference between trustee and personal representative
09:50 - Starting the probate process
10:52 - Typical timeline and causes of delays
12:38 - Real case example of family dispute
 
About the Show:
Off the Record is a legal podcast featuring attorney Rhett Burney, who brings his extensive experience in family law, personal injury cases, and estate planning services to help listeners understand complex legal matters. The show provides practical insights and professional guidance for individuals across South Carolina.

Mediation vs. Litigation: Choosing the Best Path for Divorce in South Carolina

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 - Defining wills vs. trusts
02:21 - How to determine which option is needed
04:23 - Debunking trust misconceptions
05:31 - Tax implications discussion
06:25 - Estate planning for minor children
07:24 - Choosing a trustee
09:04 - Control over assets comparison
11:19 - Preparation tips for estate planning
14:11 - Closing remarks
 
About the Show:
Off the Record is a legal podcast featuring attorney Rhett Burney, who brings years of experience in family law, personal injury cases, and estate planning services. The show provides valuable legal insights for South Carolina residents, hosted by Kevin Rosenquist.

Changes in Life, Changes in Court: Navigating Post-Divorce Modifications

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 over outcomes compared to traditional litigation.
 
Timestamps:
00:00 - Introduction
00:50 - Definition of mediation in South Carolina divorce cases
02:29 - Role of mediators and party control in decisions
04:20 - Timeline and emotional aspects of mediation
05:11 - Mandatory nature of mediation in South Carolina
07:35 - Confidentiality in mediation
08:49 - Discussion of arbitration as an alternative
10:17 - Insights into being a mediator
12:17 - Comparison of arbitration vs. trial
13:15 - Success rates of mediation vs. trial
14:34 - Cases where mediation may not be suitable
 
About the Show:
Off the Record is a legal podcast featuring attorney Rhett Burney, who brings years of experience in family law, personal injury cases, and estate planning services. The show provides valuable insights into legal matters affecting individuals across South Carolina, hosted by Kevin Rosenquist.

Understanding Child Support in South Carolina: What Every Parent Needs to Know In today’s epis

 
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
00:36 - Legal standards for post-divorce modifications in South Carolina
01:41 - Types of circumstances that warrant modifications
03:15 - Impact of voluntary job loss on support payments
04:08 - Relationship between alimony and child support modifications
05:13 - Factors considered in custody/visitation changes
07:00 - South Carolina's approach to relocation cases
11:54 - Best practices for handling modification requests
13:05 - Common pitfalls in seeking modifications
14:44 - Process for contesting modifications
 
About the Show:
Off the Record is a legal podcast featuring attorney Rhett Burney, who brings years of experience in family law, personal injury cases, and estate planning services. The show provides valuable insights into various legal matters affecting individuals across South Carolina.

Protect Your Health and Wishes: The Must-Have Medical Documents

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 difficult health crises and provide clarity about end-of-life decisions. He also shares practical advice on how to make sure the right people are in charge of your healthcare decisions and how to update or revoke these documents as life circumstances change.
 
Timestamps:
[00:00-00:30] Introduction to the episode and discussion about healthcare documents.
[00:32-01:05] Rhett discusses the importance of planning for health crises and end-of-life decisions.
[01:05-02:46] The role of healthcare power of attorney in making tough decisions for loved ones.
[02:46-03:41] Importance of preparing ahead and taking control over end-of-life decisions.
[03:41-04:47] Explanation of the difference between living wills and healthcare powers of attorney.
[04:47-05:53] Why healthcare power of attorney is generally preferred over a living will.
[05:53-06:33] Discussion of when a living will might make sense and why both may not be necessary.
[06:33-07:00] Clarifying the role of a living will, including end-of-life decisions.
[07:00-08:11] The Do Not Resuscitate (DNR) order and when it might be relevant in an estate plan.
[08:11-09:32] The role of a DNR vs. a living will in preventing resuscitation.
[09:32-10:58] Who makes the final decision without a healthcare power of attorney or living will.
[10:58-12:25] Explaining the adult healthcare consent act and how hospitals handle disputes over life support.
[12:25-13:10] How having the right documents can ease the decision-making process for families.
[13:10-14:05] Updating or revoking healthcare documents if preferences change.
[14:05-15:17] Tips for getting started with healthcare planning, including who to trust for decisions.
[15:17-15:34] Closing remarks and reminder to visit Rhett's website and subscribe to the podcast.
 
About The Show
Off the Record is a legal podcast hosted by Kevin Rosenquist and attorney Rhett Burney, where they delve into essential legal topics, focusing on healthcare and estate planning. In this episode, they discuss the critical medical documents everyone should have, such as healthcare power of attorney, living wills, and Do Not Resuscitate (DNR) orders. Rhett explains the importance of these documents in ensuring that healthcare wishes are honored during a crisis and how they can prevent family conflict. They also offer practical advice on how to choose the right people to make healthcare decisions and when to update or revoke these documents as life circumstances change.

Love and Law: How Prenuptial and Postnuptial Agreements Work in South Carolina

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 disclosures and the need for legal representation. They also address the potential for modifications or revocations, and the circumstances under which these agreements can be nullified.
 
Timestamps:
[00:00-00:30] Introduction to the episode, discussing love, law, and the importance of prenuptial and postnuptial agreements.
[00:30-01:01] Rhett explains the common misconception of self-made prenuptial agreements.
[01:01-01:41] Overview of what prenuptial and postnuptial agreements are and how they work in South Carolina.
[01:41-03:02] Discussion on the timing of postnuptial agreements.
[03:02-04:04] Types of assets and issues that can be addressed in prenuptial or postnuptial agreements.
[04:04-06:27] Rhett's personal take on whether everyone should get a prenup or postnup.
[06:27-07:46] Navigating the conversation around prenuptial or postnuptial agreements with a partner.
[07:46-08:03] Rhett shares personal experiences and thoughts on being the "scapegoat" for legal advice.
[08:03-09:48] How enforceable prenups and postnups are in South Carolina and factors affecting their validity.
[09:48-10:30] The importance of honest financial declarations when creating these agreements.
[10:30-11:29] Process of modifying or revoking a prenup or postnup.
[11:29-12:40] Common reasons for modifying prenups or postnups.
[12:40-14:22] How assets and percentages are handled in prenups and postnups.
[14:22-15:06] Legal provisions that could nullify a prenup or postnup, such as infidelity or abuse.
[15:06-16:03] Advice for couples considering prenups or postnups, including the importance of open communication and counseling.
About The Show
Off the Record is a legal podcast hosted by Kevin Rosenquist and attorney Rhett Burney, where they delve into various legal topics, offering insights and advice for individuals navigating the complexities of law. In each episode, they discuss legal issues ranging from family law to estate planning, providing listeners with a mix of professional expertise and real-world experiences. Through candid conversations, they aim to break down legal jargon and make understanding the law more accessible, while also sharing fascinating stories from their work in the legal field. Whether you're looking for guidance or just curious about the law, Off the Record offers valuable perspectives and practical advice.

Divorce and Wills: Why Your Estate Plan Needs a Post-Divorce Overhaul

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 Carolina and the consequences of neglecting these updates. Rhett emphasizes how essential it is to prevent costly mistakes by addressing estate planning proactively after a divorce.
 
Timestamps:
 
[00:00-00:30] Introduction to the episode and the topic: how divorce affects estate planning.
[00:31-01:46] Rhett explains why updating estate plans after divorce is essential and outlines key steps like revising wills and power of attorney.
[01:47-03:01] Discussion on how divorce settlements impact asset distribution and the legal safeguards in South Carolina for updating documents.
[03:02-04:17] Rhett clarifies how divorce affects roles like executor in a will and fiduciary responsibilities.
[04:18-05:07] The importance of having an estate plan before a divorce vs. catching up afterward.
[05:08-06:27] Review of beneficiary designations on life insurance policies and retirement accounts after a divorce.
[06:28-08:12] The necessity of updating powers of attorney and healthcare proxies post-divorce.
[08:13-09:39] How a trust can protect assets and the importance of addressing trusts post-divorce.
[09:40-10:32] Planning ahead with estate documents before marriage and the importance of reviewing them after a divorce.
[10:33-11:49] Rhett gives advice on prioritizing estate documents when starting out, especially for those with children or spouses.
[11:50-13:20] The impact of divorce on estate plans for supporting former spouses or children.
[13:21-14:25] How multiple divorces complicate estate plans and the need for review after each life change.
[14:26-15:02] Conclusion with a reminder to review and update estate plans to avoid complications and litigation down the road.
About The Show
Off the Record is a legal podcast hosted by Kevin Rosenquist and featuring attorney Rhett Burney, where they dive into complex legal topics and provide expert insights on a wide range of legal matters. Each episode explores various aspects of law, offering listeners practical advice on navigating issues such as estate planning, business law, divorce, and more. With a focus on demystifying legal processes and offering actionable tips, Off the Record is an essential resource for anyone looking to better understand the law and how it impacts their personal and professional lives.

Your Rights, Your Choices: Living Wills and Health Directives in South Carolina

Episode SummaryIn 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 highlight the crucial role of collaboration between clients and attorneys, emphasizing the need for timely document sharing and preparation. The episode concludes with practical advice for managing expectations and ensuring a smoother legal process.
 
Timestamps
[00:28 – 01:36] Misconception: Not every problem has a legal solution
[01:36 – 02:26] The value of settlement and creative solutions in court cases
[02:26 – 03:00] Attorney caseloads and client expectations
[03:00 – 04:45] Triage in legal cases: Prioritizing urgent issues
[04:45 – 05:18] Client education: Free resources and Bernie University
[05:18 – 06:46] Managing unrealistic expectations in legal cases
[06:46 – 07:42] Emotional impact on court cases and outcomes
[07:42 – 10:39] Practical examples of emotions affecting legal decisions
[10:39 – 12:06] Importance of collaboration and document preparation
[12:06 – 13:27] Common client excuses for delays and how to overcome them
 
About The Show
Off the Record Legal Podcast features insightful discussions with attorney Rhett Burney and special guests, offering listeners a behind-the-scenes look at the legal world. In each episode, the hosts delve into common misconceptions about the law, client expectations, and the practical realities of legal cases. They share valuable advice on navigating the legal process, managing emotions, setting realistic goals, and collaborating effectively with attorneys. Whether you're facing a legal challenge or simply curious about the system, the podcast provides expert insights, practical tips, and a candid look at the complexities of law.