Off the Record: A Legal Podcast

Off the Record: A Legal Podcast

Welcome to Off the Record: A Legal Podcast, hosted by Kevin Rosenquist, where we explore critical legal matters with expert insights from Attorney Rhett Burney. In each episode, we dive deep into essential topics ranging from family law to estate planning and probate in South Carolina. Whether you’re navigating a divorce, planning your estate, or dealing with probate issues, Rhett brings clarity, expertise, and practical advice to help you understand the complexities of South Carolina’s legal landscape.

Episodes

August 29, 2025 18 mins

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 co...

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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 ...

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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’ decis...

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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...

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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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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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00:0...

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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 ...

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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 - ...

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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 ...

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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...

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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...

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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...

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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...

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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...

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January 23, 2025 12 mins

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...

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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,...

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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...

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January 8, 2025 17 mins

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...

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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...

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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...

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