Off the Record: A Legal Podcast

The Power of Mediation: How It Saves Families Time, Money, and Stress

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 treats stepchildren, how to structure inheritance for multiple families, and what conversations couples should have before finalizing their estate plans. From wills and trusts to beneficiary designations, Rhett offers clear and practical steps to ensure every family member is treated as intended.
Key Timestamps:
00:00 – Why blended families make estate planning more complex.01:00 – Rhett explains how leaving everything to a new spouse can unintentionally disinherit your children.02:30 – How trusts help maintain control over your assets and ensure your wishes are followed after death.04:30 – Stepchildren are not automatically included in inheritance without specific mention.06:00 – The key discussions couples with prior relationships should have before planning their estates.08:00 – How addiction, financial responsibility, and family distance can affect estate decisions.10:00 – Why “fair” doesn’t always mean “equal” when dividing assets among biological and stepchildren.12:00 – Rhett explains how trusts allow ongoing control, while wills end once executed.13:30 – Why life insurance and retirement accounts override what’s in your will.15:00 – Forgetting to update beneficiaries and keeping trust documents incomplete.16:30 – Why meeting with a lawyer is the best first step for blended families creating an estate plan.
About the Show:Off the Record features South Carolina attorney Rhett Burney, who helps families navigate estate planning, probate, and family law with clarity and compassion. Each episode shares practical legal advice designed to protect families, prevent disputes, and make planning for the future simple and stress-free.

The Legal Side of Blended Families: Protecting Everyone in Your Will

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 or memorandum. He also discusses the importance of open family conversations, common mistakes people make when dividing personal items, and how to keep the peace long after you’re gone.
Key Timestamps:
00:00 – Why sentimental items cause more family conflict than money.01:00 – Why writing names on sticky notes isn’t legally binding.02:30 – Rhett explains how to list sentimental items in a will using a personal property memorandum.04:00 – How talking about sentimental items before death helps prevent future disputes.05:00 – Why even small items can cause big fights—and how to handle it.06:30 – When handwritten lists might help, and when they could cause problems in probate.08:00 – From vague wills to giving multiple people the same item—how small errors can lead to major conflicts.10:00 – How one woman’s will left each relative a single piece of china—and a family full of surprises.11:30 – Why you should always discuss special gifts or pets before naming them in your will.13:00 – How clarity, communication, and legal documentation protect both your wishes and your family’s relationships.
About the Show:Off the Record features South Carolina attorney Rhett Burney, who helps families navigate estate planning, probate, and family law with practical and compassionate legal guidance. Each episode offers clear advice to help listeners protect what matters most—their families, their peace, and their legacies.

The Power of Mediation: How It Saves Families Time, Money, and Stress

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 covers confidentiality, emotional dynamics, and practical tips for preparing for mediation. Whether you’re facing divorce, custody, or other family disputes, this episode highlights why mediation is one of the most effective tools for reaching fair and peaceful resolutions.
Key Timestamps:
00:00 – Understanding mediation and why it often leads to better outcomes than a courtroom battle.01:30 – Anna explains how mediation gives clients control over their cases and creative freedom in solutions.03:30 – Rhett shares why trials are unpredictable and costly, reinforcing mediation as the smarter option.05:00 – Step-by-step breakdown of the process, from choosing a neutral site to exchanging offers through a mediator.07:30 – Why mediation isn’t about giving up control but about finding fair compromises.09:30 – How private discussions and offers stay protected and cannot be used in court.11:00 – Managing high emotions, maintaining respect, and helping clients feel heard.13:30 – Rhett explains the rare cases that must go to trial, such as relocation or termination cases.15:00 – Practical advice on setting priorities, defining non-negotiables, and managing expectations.17:00 – Rhett’s insight on how honesty and perspective help clients reach resolution.
About the Show:Off the Record features South Carolina family law attorney Rhett Burney, who helps families navigate divorce, custody, mediation, and estate planning with practical, compassionate legal advice. Each episode explores real-world issues that affect families and provides guidance to help listeners protect their rights, relationships, and financial futures.

Starting Over: Legal Considerations for Remarriage After Divorce

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 of trusts in blended families, the difference between prenups and postnups, and why communication and counseling are key when combining households.
Key Timestamps:
00:00 – Rhett discusses remarriage and the key legal updates to make after divorce.01:30 – Importance of revising wills, powers of attorney, and beneficiaries before remarrying.03:00 – How alimony automatically ends upon remarriage—and why you can’t reclaim it later.05:00 – Why blended families should consider creating trusts instead of simple wills.07:00 – How these agreements protect both parties and when to discuss them.09:30 – How living with a new partner for 90 days can terminate alimony—and why it’s hard to prove.11:00 – Rhett’s advice on setting household rules, co-parenting boundaries, and seeking counseling early.14:30 – How transparency between parents prevents unnecessary custody disputes.16:00 – Problems that arise when couples forget to update estate documents and beneficiaries.18:00 – Why Rhett’s firm added estate planning services to help clients protect assets post-divorce.
About the Show:Off the Record features South Carolina family law attorney Rhett Burney, who helps individuals and families navigate divorce, custody, estate planning, and remarriage. With practical insight and years of courtroom experience, Rhett shares straightforward legal advice to help protect your rights, your family, and your future.

The Truth About Alimony in South Carolina

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 the case — and the judge. He also covers the different types of alimony, circumstances that can modify or terminate payments, and why adultery is a complete bar to receiving alimony in South Carolina. Whether you’re preparing for divorce, supporting a client, or simply curious about how alimony works, this episode provides a practical guide to navigating this complex subject.
Key Timestamps:00:01 – Show introduction02:00 – What alimony is and what it’s designed to do04:20 – Key factors courts consider (income, marriage length, assets, judge discretion)07:40 – How child support interacts with alimony09:15 – Why some judges are “pro” or “anti” alimony11:05 – Different types of alimony: permanent, rehabilitative, and lump sum13:30 – Circumstances that end or reduce alimony (death, remarriage, cohabitation, change in income)16:45 – Adultery as a complete bar to alimony in South Carolina19:00 – How alimony is calculated (no single formula, judge discretion)22:10 – Negotiating alimony outside of court and judge approval25:15 – Appealing an alimony decision27:40 – When and how alimony can be modified or terminated31:00 – The role of private investigators in proving cohabitation or adultery34:15 – Practical advice: what to prepare before consulting an attorney about alimony
About the Show:Off the Record with Rhett Burney is a podcast where attorney Rhett Burney shares his decades of experience in family law and estate planning to help listeners navigate life’s toughest legal challenges. From divorce and custody to wills and elder law, Rhett offers practical insights with a touch of humor and a focus on real-world solutions.

How to Choose the Right Executor for Your Estate

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 highlights the differences between executors, trustees, and powers of attorney, while also sharing practical advice on selecting the right person for the job. Rhett outlines common mistakes people make, why responsibility matters more than financial knowledge, and how courts handle disputes or misconduct by executors. He also shares real-world stories of what can go wrong—and how to avoid leaving your family with unnecessary conflict or financial loss.
Key Timestamps:
00:01 – Show introduction01:15 – Defining the executor’s role after someone passes away04:30 – Difference between executor, trustee, and power of attorney08:20 – The biggest mistakes people make when choosing an executor11:45 – Why responsibility is more important than financial knowledge15:10 – The risks of naming co-executors18:00 – What happens if an executor refuses or mishandles the role21:25 – Fiduciary duties, accountability, and legal consequences of misconduct25:40 – Real-life examples of probate court removing or jailing executors30:15 – Factors to consider when deciding who should serve as executor34:50 – What to do if you don’t have a spouse, children, or trusted family members38:10 – Final tips for making the right executor choice
About the Show:
Off the Record with attorney Rhett Burney breaks down South Carolina family law and estate planning in a practical and approachable way. With over 30 years of legal experience, Rhett helps families make smarter decisions about their future by providing clear explanations and real-world guidance on legal issues that matter most.

10 Things Your Court Lawyer Wants You to Know Before And During Your Court Case

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 unpredictable nature of judges’ decisions to the critical importance of following court orders and watching your behavior, this episode delivers honest advice for anyone navigating a legal case, especially in family or civil court. Whether you're about to file or already in the thick of litigation, Rhett’s tips will help you stay grounded, strategic, and focused on what really matters.
Key Timestamps:
00:06 – Introduction to the episode
00:45 – Why court cases take longer than expected
01:34 – How discovery, experts, and mediation extend timelines
02:23 – Why longer cases mean higher legal bills
03:42 – How the opposing party can disrupt progress
04:30 – Common frustrations clients direct at their own lawyers
05:45 – Court schedules: limited time, overwhelmed dockets
06:46 – Average case timelines in family and civil court
07:11 – Why different judges can rule differently on the same facts
08:32 – A true story of contradictory rulings by the same judge
09:02 – When going to court is a gamble—and not always the best choice
10:42 – The clash between emotions and legal facts
12:05 – The consequences of ignoring court orders
12:46 – How your words and actions are always being watched
13:29 – The courtroom impact of poor behavior, especially in family court
14:24 – Why settling is often smarter than it seems
16:24 – Communication is key: tell your lawyer everything
17:05 – Lawyers aren’t mind readers—talk to them early and often
About the Show:
Welcome back to Off the Record, the legal podcast that breaks down South Carolina law so you can make smarter decisions about your future. Hosted by attorney Rhett Burney, the show draws on his years of experience helping clients across South Carolina with family law, estate planning, and civil litigation. Each episode delivers clear, practical guidance to help you navigate life’s toughest legal challenges with confidence.

10 Reasons Divorce and Custody Court Cases are Expensive

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 to understand the process, this episode offers a transparent and informative look at the financial and emotional demands of family law cases.
 
Key Timestamps:
00:00 – Introduction: Why divorce and custody cases are expensive01:35 – Attorney time, expertise, and overhead costs03:45 – Court rules, procedures, and why representation matters05:30 – Filing fees, process servers, and administrative expenses07:15 – The role of discovery in driving up case costs10:20 – Why discovery is time-consuming and document-heavy13:30 – Common misconceptions about case outcomes and trial results16:10 – The unpredictability of judges and opposing counsel18:40 – The cost impact of contested hearings and trials21:00 – Delays in court scheduling and the realities of the legal system24:25 – Emotional conflict and its financial consequences in divorce28:10 – What post-judgment disputes are and how they arise
 
Why do family law cases cost so much? Attorney Rhett Burney provides an in-depth, no-nonsense explanation of the many factors that drive up the cost of divorce and custody litigation. He outlines the behind-the-scenes work attorneys do, from trial preparation to navigating court rules and hiring experts. Rhett also discusses the time-consuming nature of discovery, the unpredictability of court outcomes, and the influence of emotional decisions on cost and timelines. Plus, learn how post-judgment disputes can continue even after a final order is issued. This episode is essential listening for anyone facing family law litigation in South Carolina.
👨‍⚖️ Learn more about Rhett Burney: rhettburney.com 📚 Mentioned Topics: Discovery Process, Custody Litigation, Divorce Trial Prep 🎧 More episodes: Off the Record archives available on all major podcast platforms
 
Connect with Rhett Burney: 🔗 rhettburney.com 📱 Facebook | LinkedIn 💼 Legal Services: Divorce | Custody | Family Law

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.