Jeffcoat Law Firm Newcomers Information

Real Estate | Estate Planning | Business Law | General Law | Elder Law
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REAL ESTATE

How do I go about purchasing a home in South Carolina prior to moving?

The process for purchasing a home outside of the state is not much different than purchasing a home within the state. You do not have to be present for the closing, as most transactions can be done via mail. However, there are certain things to keep in mind if you plan to relocate to South Carolina and use the new purchase as your primary residence. It may be important for you to change your driver's license and proof of residency to South Carolina in order to claim the Homestead Exemption if you are a senior citizen or to receive the 4% discount if you are not a senior citizen but still intend to use the South Carolina home as your primary residence. You will not be able to use your New Jersey driver's license to make this claim!

For a checklist for purchasing a home, go to Checklist for Purchasing a Home. For frequently asked questions, go to Commonly Asked Questions Buyers and Sellers Ask About The Purchase Of Real Estate.

What are the eligibility requirements for the Homestead Exemption?

If you are over the age of 65, and have established one-year residency in South Carolina, you are eligible for a homestead exemption of $20,000. For example, the exemption when applied to a $100,000 home, would result in a reduction of property tax in the amount of $173.00.

I have purchased a condominium or home on the Grand Strand, when I rent it to others, what should I do about tax reporting?

As a general rule, all rentals are subject to accommodations tax unless they fall within one of several statutory exemptions. For further information, go to Accommodations Tax.

How do I determine the best way to own real estate in South Carolina?

If you want to purchase property in two or more individual names, you have two choices (tenancy by the entireties has been abolished in South Carolina): (1) Joint Tenants with Right of Survivorship and (2) Tenants in Common. If you are a resident of a state other than South Carolina, and wish to purchase real estate in South Carolina, you should consider the effect of death of an owner on the ability to sell or refinance the property. For further information, go to Determining the Best Way to Own Real Estate in South Carolina.

How do I determine the best way to own real estate in North Carolina?

If you want to purchase property in two or more individual names, you have at least two options. If the owners are married to each other there is a third option available. The options are: (1) Joint Tenants with Right of Survivorship, (2) Tenants in Common, and (3) Tenancy by the Entirety. The way property is held by joint owners is a useful tool in estate planning. For further information, go to Determining the Best Way to Own Real Estate in North Carolina.

My spouse and I want to purchase a second home or condominium in South Carolina or North Carolina; what happens if one of us dies and the survivor needs to sell the property?

You should consider owning your property as joint tenants with right of survivorship (South Carolina) or as tenants by the entirety (North Carolina). In that case, the ownership interest of the deceased spouse does not pass through probate, but instead vests in the surviving spouse immediately upon death. An alternative for single clients is to own the property through a living trust. Your attorney can assist you with deciding the best choice for you.

I have a home in another state and I am buying a home in SC. What factors are considered when determining my state of legal residence and when do I become a resident of SC?

One is considered a resident of any place where he or she lives. Having a home in several states or locations only means that you have more than one residence. The real question is how one’s legal residence or domicile is determined, since you can have only one legal residence or domicile at any given time. Legal residence or domicile in South Carolina requires only one’s physical presence in South Carolina and a present intent to remain in South Carolina indefinitely. Because one’s present intent is such a subjective matter, evidence of one’s intent to acquire legal residence or domicile in South Carolina must be viewed under the totality of the circumstances. A change of legal residence may be documented by doing as many of the following actions as possible: (1) registering to vote in South Carolina, (2) changing vehicle registration and driver’s license(s) to South Carolina, (3) joining a Church in South Carolina, (4) buying real property and applying for the homestead exemption in South Carolina, (5) filing resident tax returns, (6) making a new will listing one’s domicile as South Carolina, (7) opening bank accounts and establishing business ties in South Carolina, (8) using one’s South Carolina address as the permanent address in all records and correspondence, and (9) selling one’s residence in the other state. One should note, however, that different rules for determining legal residence apply to minor children, incapacitated persons and military personnel, and some statutes also have minimum time requirements that must be met in determining one’s legal residence or domicile status in South Carolina for purposes of receiving entitlements, e.g. in state tuition or being eligible to exercise certain legal rights, e.g. filing for divorce.

ESTATE PLANNING

I have a will that was prepared in the state that I live in now. Do I have to do them all over again if I move to South Carolina?

Not necessarily, however, it is a good idea to have your will reviewed by an attorney in this state. Each state has different requirements for proving a will, and the laws of your present state may be contrary to South Carolina law. Please keep in mind that, in most cases, the state where death occurs will be the state in which the estate is probated. Therefore, it is very important that the documents be in compliance with the laws of the state in which you live.

If I move to the Grand Strand, what else do I need to have to be sure that my estate plan is complete, adequate, and up-to-date? Do I need a living will?

In addition to your will, you should have a Durable Power of Attorney and a Health Care Power of Attorney to protect you if you are incapacitated. A living will (declaration of a desire for a natural death) is available in most states, including North Carolina and South Carolina. We recommend a living will for all of our North Carolina clients. For our South Carolina clients who have a Health Care Power of Attorney, a living will is not necessary.

BUSINESS LAW

I own a corporation or limited liability company that was organized in the state that I live in now. What do I have to do to move my business with me once I relocate to South Carolina?

If you are maintaining the company in the home state of the company and just opening a new office in South Carolina, in most cases, you will only have to domesticate your out of state company in South Carolina as long as it is in good standing in the home state. If you are closing the business down to completely relocate to South Carolina, you must go through the entire incorporation process again. You may face problems such as the fact that your business name has already been used by another company to organize. Therefore, you may not have access to this business name. An attorney will need to guide you through this process.

GENERAL

What is the South Carolina Point System for traffic violations?

South Carolina is a State that regulates its drivers by using a "point system". South Carolina's point system is controlled by Section 56-1-720 of the Code of Laws of South Carolina. Under this system each traffic offense is assigned a certain point value. Under South Carolina's point system, a conviction, a no contest plea or a forfeiture of bond from another state will be assessed points in South Carolina. Therefore, any traffic conviction, even an out of state conviction, may negatively impact a driver's record. For further information, go to South Carolina Point System for Traffic Violations.

What do I need to do in order to obtain a South Carolina Driver's License?

Newcomers who plan to operate motor vehicles must obtain a S.C. driver's license within 90 days of becoming a permanent resident. Most newcomers, unless they drive commercial vehicles, will need a class D license, which allows the operation of passenger cars and small trucks. If you hold a commercial license, you must obtain a South Carolina commercial license within 30 days.

If you operate a motorcycle, you'll also need a motorcycle endorsement. Additionally, newcomers who operate motorcycles or mopeds exclusively may obtain licenses covering only those vehicles.

If you have a current license from your former residence, you will have to surrender it. If you do not have a license from your former residence, you will need a birth certificate or two other forms of identification.

A beginner's permit allows residents 15 years old to drive between 6 a.m. and midnight under adult supervision. A beginner's permit is good for 12 months and may be renewed. To obtain a license, apply in person at a license office and take the vision, sign recognition and knowledge tests. It may be helpful to study the South Carolina Driver's Manual, which can be obtained at any license office listed below.

A conditional/provisional driver's license is issued to a person who is at least 15 years of age, but less than 16, who has held a beginner's permit for at least 90 days and meets other requirements as outlined in the South Carolina Driver's Manual. This license allows the holder to drive alone in daylight hours and until midnight while accompanied by an adult. Regular driver's licenses can be obtained at either age 16 or 17 based on criteria outlined in the driver's manual.

The license fee is $12.50. Your S.C. license will expire on your birthday five years from the date it is issued. Fees for beginner's permits are $2.50 plus $2 for each knowledge test taken.

If you own a vehicle, you will need to certify on the driver's license application that the vehicle is insured by a liability policy.

Call the Division of Motor Vehicles of the Department of Public Safety toll free at (800) 442-1368 or visit the DMV Web site at www.scdps.org/dmv for additional information.

1200 21st Ave. North in Myrtle Beach - (843) 448-9957
4103 Hwy. 701 North in Conway - (843) 365-4781
107 Hwy. 57 North in Little River - (843) 399-5567
214 Ridge Road in Georgetown - (843) 527-8730

How long do I have to obtain a South Carolina license plate for my vehicle after relocating?

New residents need to secure a South Carolina license plate within 45 days of relocation. To obtain a license plate, you will need your vehicle's title or current registration and proof that you have liability insurance. Additionally, you will have to pay the property taxes on your vehicle and furnish the registration office with a receipt issued by the tax office in the county where you live. After this initial registration, the county auditor will mail you a tax notice each year about a month before your registration expires.

The registration fee is $24 ($22 if you are 64 years old and $20 if you are 65 or older). The fee covers two years, but validation stickers for your license plate must be obtained each year. License plates may be obtained from the S.C. Highway Department at:

4103 Hwy. 701 in Conway - (843) 365-4781
1200 21st Ave. N. in Myrtle Beach - (843) 448-9957
214 Ridge Road in Georgetown - (843) 546-6445
107 Hwy. 57 North in Little River - (843) 399-5567

What do I have to do to become a registered voter in South Carolina?

To register to vote, you must be a citizen of the United States and 18 years of age or older. Proof of permanent residency is required. In order to vote, you must register in person or mail a registration application 30 days in advance of any election. A registered voter may vote in any special, general or municipal election or primary by presenting a registration certificate and a S.C. driver's license or state I.D. at the polls.

Register to vote in Horry County at any of four Myrtle Beach Area Chamber of Commerce office locations. The Horry County Board of Registration is located at 1316 1st Avenue in Conway, (843) 248-1382. Georgetown County residents may register to vote at the Georgetown County Board of Registration located at 303 Hazard Street in Georgetown, (843) 546-9530.

ELDER LAW

I am currently on Medicaid in another state. How do I transfer my benefits to SC?

First of all, you cannot be barred from Medicaid if you have just recently moved into the state. Every state must provide Medicaid benefits for eligible residents and states cannot place length of stay residency requirements as a basis for your Medicaid qualification. Medicaid is a joint federal and state program. The federal contribution is about 50% and each state is given latitude to determine eligibility and the benefits that will be provided. These guidelines vary from state to state. The downside is that your eligibility in one state does not guarantee your eligibility in another. In South Carolina, you must complete an application and go through the qualification process to receive Medicaid.

My parents or spouse has developed Alzheimer's, and we are concerned about the cost of nursing home care and preserving our estate for our loved ones. What do I need to be concerned about?

Unfortunately, this is a situation faced by families everyday. Planning for incapacity and disability is the best way to effectively deal with the hurdles facing our seniors and their family members. There are a number of methods available to give you peace of mind. Make sure your loved ones have prepared a Durable Power of Attorney and a Health Care Power of Attorney. If you wait until incapacity or disability occurs, then a relative or loved one will be required to petition the probate court to establish a guardianship and/or conservatorship to handle your affairs. These actions can be expensive especially when compared to the costs of having powers of attorney in place. When our parents or spouse are faced with an illness requiring long-term care, you may be forced to pay out-of-pocket until they become eligible for Medicaid.

Medicaid is a need based program. So to be eligible, you must meet the financial and the medical guidelines established by the program. Assets and income must be considered and your family will need to examine the facilities available for placement. Some nursing homes only accept private pay and not Medicaid. There are also varying levels of quality in nursing homes. An elder law attorney will assist you in protecting the spouse who remains in the home from depleting their assets while getting nursing home Medicaid benefits for the spouse who needs care.

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