Off the Record: A Legal Podcast

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 epis...

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.

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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.

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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.

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00:00 - Show Introduction

00:32 ...

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 - ...

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 ...

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-di...

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 cla...

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 repr...

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 ne...

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 highlight the crucial role of collab...

Episode Summary

In this episode, attorney Rhett Burney and guest attorney Leslie Fisk provide valuable insights into what lawyers wish their clients understood but may not be able to say directly. They discuss the importance of managing expectations, being honest with your attorney, the impact of social media and courtroom behavior, and how the legal system’s human element can affect outcomes. The episode wraps up with a reminder t...

Episode Summary

In this episode of Off the Record, Kevin, Rhett, and Leslie discuss crucial insights attorneys want their clients to understand for a smoother legal process. They emphasize the uniqueness of each case, how emotions can cloud judgment, and the significance of clear client communication. They also address social media's impact on legal cases and the importance of patience with the legal system. Throughout the episode,...

Episode Summary

In this episode of Off the Record, Kevin Rosenquist and attorney Rhett Burney are joined by Leslie Fisk, a fellow attorney in Rhett’s office, to discuss essential things attorneys want their clients to understand but may not always communicate. They cover topics such as the importance of honesty between clients and attorneys, the need for patience in communication due to attorneys' busy schedules, and the crucial ro...

Episode Summary:

In this episode of "Off the Record," attorney Rhett Burney discusses the importance of trusts and estate planning in South Carolina. He explains the differences between a will and a trust, highlighting how a trust can help avoid probate and protect assets. Rhett offers advice on when to create a trust, the different types available, and the common mistakes people make when setting them up. He also emphasizes the ne...

Episode Summary

In this episode of Off the Record, attorney Rhett Burney discusses high-conflict divorces, their emotional and legal challenges, and strategies for navigating these tough cases. He shares insights on managing conflict, the importance of mediation, and effective communication during divorce proceedings. Bernie also provides advice on finding the right lawyer and managing client expectations in high-conflict situation...

Episode Summary:

In this episode of Off the Record Legal Podcast, attorney Rhett Burney discusses important aspects of family law in South Carolina, focusing on custody matters in divorce cases. Rhett explains the factors courts consider when determining custody, including the best interest of the child, parents’ schedules, and the child’s preferences. He covers topics such as 50/50 custody, primary and joint custody, modifications...

In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney tackle the common misconceptions surrounding probate in South Carolina. They discuss people's typical fears about the probate process, including concerns about it being lengthy, complicated, and financially burdensome. Rhett emphasizes that while probate is often daunting, it can be manageable with the right professional guidance. The conversation hi...

In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney explore current trends in family law, specifically focusing on divorce rates in South Carolina. Rhett shares his insights, suggesting that divorce rates may be higher than the commonly cited statistic of 50%, estimating that approximately 55% to 60% of marriages end in divorce. They discuss societal attitudes towards commitment, the rise of alternati...