Off the Record: A Legal Podcast

Episode Summary: In this episode of *Off the Record*, family law paralegals from the office of Rhett Burney, Lisette Marin, and Danielle Stubbs discuss the essential steps involved in initiating a divorce process in South Carolina. From gathering necessary documents like marriage licenses and birth certificates to understanding the significance of proper service and timelines, the paralegals provide valuable insights into the early stages of a divorce case. Key Timestamps: - 00:00 – Introduction - 01:30 – Required documents for initiating a divorce - 03:15 – Importance of organizing financial records before filing - 05:40 – Procedural steps post-filing and the significance of proper service - 08:10 – Methods of serving legal documents and ensuring proper service - 10:45 – Timelines and deadlines to follow after filing for divorce - 12:20 – October rule changes regarding temporary hearings - 14:55 – Benefits of exchanging evidence prior to temporary hearings - 17:30 – Impact of client organization on case efficiency About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, offering valuable insights and expert advice on navigating legal procedures and challenges in divorce cases.

Episode Summary: In this episode of *Off the Record*, family law expert Melissa Smith sheds light on the complexities of emergency medical decision-making in scenarios where parents are unavailable or in the midst of custody disputes. From the authority of medical providers to the rights of non-custodial parents, Melissa offers valuable insights into navigating legal matters concerning children's healthcare. Key Timestamps: 00:00 – Introduction 00:45 – Medical providers' authority in emergency situations 01:30 – Handling medical decisions when only one parent is reachable 02:15 – Differentiating routine medical decisions from true emergencies 03:00 – Rights of non-custodial parents at the hospital 04:10 – Importance of parenting plans and custody orders in emergencies 05:00 – Legal authority of caregivers during emergencies 06:00 – Documents like medical consent forms to avoid confusion 07:00 – Conversations to have with caregivers, schools, and family members about emergency plans About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, offering expert insights and advice on navigating legal challenges. With a focus on empowering individuals with knowledge, the show aims to provide clarity on complex legal issues.

Episode Summary: Melissa Smith, a family law attorney, delves into the legal aspects of safeguarding your family home in South Carolina. She emphasizes the importance of legally documenting your wishes to ensure a smooth transfer of property after your passing, shedding light on common misconceptions and potential pitfalls in estate planning. Key Timestamps: 00:00 – Introduction 01:17 – Importance of legal documentation for property transfer 03:45 – Ways to transfer a home after death in South Carolina 05:20 – Understanding probate and will execution 07:10 – Risks of co-owning a home or using joint tenancy 09:05 – Addressing disputes in leaving a home to multiple heirs 11:30 – Benefits of using a trust in real estate management 13:45 – Planning ahead to avoid complications in property division About the Show: *Off the Record* is a legal podcast that offers expert insights on estate planning, family law, and other legal matters. Join us as we explore practical solutions and valuable advice to protect what matters most to you.

Episode Summary: In this episode, family law attorney Melissa Smith sheds light on parental alienation, a complex issue in custody cases where one parent influences a child's opinion of the other. Melissa explains the challenges of proving parental alienation, the impact on children, and ways to protect and repair parent-child relationships amidst divorce. Key Timestamps: - 00:00 – Introduction - 00:45 – Definition and Real-life Implications of Parental Alienation - 01:30 – Factors to Consider Before Assuming Parental Alienation - 03:15 – South Carolina Courts' Approach to Parental Alienation - 04:45 – Recognizing Signs of Influence on the Child's Opinion - 06:10 – Balancing Proving Alienation and Repairing Relationships - 07:30 – Differentiating Between Alienation and Communication Breakdown - 09:05 – Constructive Steps for Parents Outside of Court - 10:20 – Supporting Clients to Focus on Long-term Goals - 11:45 – Initial Steps for Parents Suspecting Alienation About the Show: *Off the Record* is a legal podcast that delves into complex family law issues, offering valuable insights and guidance for parents navigating custody challenges. Hosted by experienced professionals in the field, each episode provides clarity and actionable advice for listeners facing similar situations.

Episode Summary: In this episode of *Off the Record*, family law attorney Melissa Smith sheds light on child support enforcement in South Carolina. From defining contempt of court to exploring enforcement options, Melissa provides valuable insights for anyone navigating child support challenges. Key Timestamps: 00:00 – Introduction 00:45 – Gathering Evidence Before Heading to Court 01:30 – Defining Contempt of Court in South Carolina 02:15 – Filing for Enforcement: Paperwork and Hearings 03:00 – Remedies for Unpaid Child Support and Missed Visitation Exchanges 04:10 – Potential Penalties for Contempt of Court 05:20 – Balancing Conflict and Enforcement 06:00 – Differentiating Between Willful Noncompliance and Inability to Pay 07:00 – Modifying Court Orders Due to Repeated Violations 08:10 – Documenting Violations for Court Consideration About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, offering insights and guidance for individuals navigating legal challenges. Hosted by industry experts, each episode provides practical advice and information to empower listeners in understanding and addressing legal issues effectively.

Episode Summary:  In this episode of *Off the Record*, Rhett Burney sheds light on the pitfalls of creating wills and estate plans using online templates. He discusses the common issues that arise from these DIY documents, emphasizing the importance of seeking professional legal advice to avoid future complications. Key Timestamps: - 00:00 – Introduction - 01:30 – Common issues with online wills - 02:45 – Importance of family dynamics in estate planning - 04:10 – Misconceptions about simplicity in estate planning - 05:25 – Legal requirements and witnessing in South Carolina - 07:00 – Conflicts in beneficiary designations and property titling - 08:20 – Avoiding legal disputes with professionally prepared documents - 09:45 – Limitations of one-size-fits-all estate planning - 11:05 – Signs that DIY wills need professional review - 12:30 – Risks versus benefits of online will creation About the Show:  *Off the Record* is a legal podcast that provides valuable insights into various legal matters, including estate planning, family law, and more. Tune in to gain expert knowledge and advice from seasoned attorney Rhett Burney.

Episode Summary: In this episode of *Off the Record*, Rhett Burney discusses the complexities of custody and visitation schedules in South Carolina, specifically focusing on how breastfeeding can impact court decisions. Rhett sheds light on how judges handle cases where breastfeeding becomes a contentious issue between parents and emphasizes the importance of creating stability and fairness for both parents involved. Key Timestamps: 00:00 – Introduction 01:45 – Court considerations when setting custody schedules 03:30 – Balancing breastfeeding and non-custodial parent rights 06:15 – Transitioning visitation schedules as the child grows 08:10 – Expert involvement in custody cases involving breastfeeding 10:20 – Court expectations during the transition to longer visits About the Show: *Off the Record* is a legal podcast that delves into various family law topics, offering insights and expertise from attorney Rhett Burney. With over 30 years of experience, Rhett helps South Carolina families navigate the complexities of custody, visitation, and parenting plans. Tune in to gain valuable legal perspectives and practical advice on family law matters.

Episode Summary: Attorney Rhett Burney shares insights on handling properties in different states during estate planning. From trust setups to probate processes, he explains the complexities and offers solutions for a seamless transition of ownership. Key Timestamps: 00:00 – Introduction 00:45 – Handling multi-state properties 01:30 – Trusts vs. estates for property management 02:15 – Simplifying property transfers through survivorship deeds 03:00 – Ancillary probate and its implications 04:10 – Factors determining property titling decisions 05:00 – Addressing complications with shared properties 06:20 – Pre-planning property inheritance to avoid conflicts 07:30 – Seeking advice for properties in states with different rules 08:15 – Communicating property plans with loved ones for clarity and consensus About the Show: *Off the Record* is a legal podcast featuring attorney Rhett Burney, offering valuable insights into estate planning, wills, trusts, and probate processes. Tune in to gain practical knowledge and guidance on navigating legal complexities.

Episode Summary:  In this episode of *Off the Record*, Rhett Burney sheds light on the complexities of restraining orders in family court. From defining what a restraining order entails to discussing its impact on ongoing family court matters, Rhett provides valuable insights into the legal implications and considerations involved. Key Timestamps: - 00:00 – Introduction - 00:45 – Types of Restraining Orders in Family Court - 01:30 – Factors Considered in Determining the Need for a Restraining Order - 03:15 – Effects of a Restraining Order on Custody and Visitation Rights - 05:00 – NACO Orders and Communication Restrictions - 06:30 – Process and Evidence in Restraining Order Hearings - 08:15 – Handling Disputed Facts and False Accusations - 09:45 – Impact of Restraining Orders on Long-Term Case Dynamics - 11:20 – Common Mistakes Leading to Violation of Restraining Orders - 13:00 – Seeking Legal Guidance After a Restraining Order Is Filed About the Show:  *Off the Record* is a legal podcast that delves into various aspects of family law, offering expert insights and practical advice for individuals navigating legal challenges. Join Attorney Rhett Burney as he discusses important legal topics with clarity and expertise.

Episode Summary: Join experienced family court paralegal Allison Crank as she shares valuable insights on what to expect when dealing with family court matters. From initial consultations to court proceedings, Allison provides guidance on effective communication, managing emotions, and staying organized throughout the legal process. Key Timestamps: 00:00 – Introduction 01:15 – Importance of prioritizing children's well-being 02:30 – Expectations during the first 30 days after hiring a family law attorney 04:10 – Initiating negotiations and mediation process 06:00 – Empowering parents in decision-making 07:45 – Clarifying the role and limitations of paralegals 09:20 – Preparing clients for the challenging legal process 11:00 – Common mistakes to avoid in family court cases 12:30 – Significance of timely client communication 14:00 – Tips for smoother case proceedings 15:45 – Organizing and labeling crucial documents 17:20 – Efficient communication methods with the legal team 19:00 – Managing stress and emotional well-being during legal proceedings 20:30 – Utilizing tools like therapy and communication apps for support 22:15 – Encouraging patience and preparedness for clients About the Show: *Off the Record* is a legal podcast dedicated to providing valuable insights and expert advice on various legal matters. Join us for informative discussions and practical tips to navigate the complexities of the legal system.

Episode Summary: Shelby Flagg, an experienced probate paralegal, shares insights on the probate process and how families can navigate it effectively. From debunking common misunderstandings to emphasizing the importance of communication, Shelby provides valuable advice for anyone facing probate proceedings. Key Timestamps: 00:00 – Introduction 01:30 – Shelby's Journey to Becoming a Probate Paralegal 03:45 – Supporting Families Through the Probate Process 05:20 – Common Misunderstandings About Probate 07:10 – Essential Preparations Before Starting Probate 09:05 – Factors Contributing to Probate Delays 11:30 – Client Responsibilities After Initial Meeting 13:15 – Ensuring Smooth Probate Case Progression 15:00 – Effective Communication Strategies for Clients 16:45 – Managing Family Tensions During Probate 18:30 – Key Advice for Surviving Family Members About the Show: *Off the Record* is a legal podcast that delves into various aspects of the legal system, offering valuable insights and expert advice on navigating legal processes. Join us to gain a deeper understanding of legal matters and empower yourself with knowledge.

Episode Summary: Join Bizzy Hatcher, paralegal in this episode of *Off the Record* as she provides a comprehensive guide to the probate process. From what to expect immediately after a loved one's passing to navigating the complexities of asset distribution and handling creditors, Bizzy sheds light on the essential steps involved in probate, offering valuable insights for families facing this challenging time. Key Timestamps: 00:00 – Introduction 00:45 – Client Expectations After a Passing 01:30 – Steps to Opening an Estate 02:15 – Inventory and Appraisal Importance 03:00 – Dispersing Assets and Handling Creditors 04:10 – Duration of the Probate Process 05:00 – Jointly Owned Property Considerations 05:45 – Dealing with Errors and Disagreements 06:30 – Closing an Estate: Criteria and Procedures 07:15 – Role of a Paralegal in the Process 08:00 – Common Causes of Delays and Tips for Clients About the Show: *Off the Record* is a legal podcast that delves into various aspects of the legal field, offering valuable insights and expert guidance on navigating legal processes and challenges. Tune in to gain a deeper understanding of legal matters and how they impact individuals and families.

Episode Summary: In this episode, family law attorney Leslie Fisk sheds light on the intricacies of child support laws in South Carolina. From calculating child support based on incomes to addressing common misconceptions, Leslie provides valuable insights for individuals navigating child support arrangements. Key Timestamps: 00:00 – Introduction 01:30 – Importance of child support inquiries pre-divorce 03:45 – Factors considered in South Carolina child support calculations 06:20 – Clarifying child support cut-off age 08:45 – Handling child support for multiple children 11:10 – Recalculation of child support based on income changes 13:55 – Addressing shared parenting time in child support calculations 16:30 – Extracurricular expenses and child support in South Carolina 19:05 – Adjusting child support in case of job loss 21:40 – Debunking myths about recipient's spending of child support 24:15 – Fostering minimal disruption for children post-separation About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, offering expert insights and guidance on navigating legal challenges. From divorce proceedings to child custody matters, *Off the Record* provides a comprehensive look at legal issues affecting families.

Episode Summary: In this episode, attorney Bill Finn from the Law Offices of Rhett Burney sheds light on legal separation in South Carolina. He clarifies that legal separation in the state is not a formal status but rather a step towards a no-fault divorce. Bill explains the significance of filing for separate support and maintenance, enabling couples to settle issues like child custody, visitation, and financial matters before finalizing a divorce. Key Timestamps: - 00:00 – Introduction - 01:30 – Legal separation in South Carolina and its implications - 03:45 – Filing for separate support and maintenance - 06:12 – Key differences between legal separation and divorce - 08:20 – Importance of court-ordered agreements before divorce - 10:05 – Financial responsibilities during separation - 12:40 – Impact of separation on health insurance and taxes - 15:00 – Best practices for protecting oneself legally during separation About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, offering valuable insights and guidance on navigating legal challenges with clarity and expertise.

Episode Summary: Attorney Bill Finn from the Law Office of Rhett Burney in South Carolina sheds light on the complexities of debt division during divorce in South Carolina. He discusses how marital debt is viewed by the court, the difference between marital and separate debt, and the implications of individual debt on both parties. Bill also delves into the importance of handling finances amicably, navigating bankruptcy during divorce, and proactive steps to understand and manage debt obligations before divorce proceedings. Key Timestamps: 00:00 – Introduction 00:45 – Treatment of debt in divorce 02:10 – Determining marital vs. separate debt 04:05 – Responsibility for debt incurred by one spouse 05:30 – Division of mortgages and car loans 07:15 – Importance of amicable resolution 08:40 – Impact of bankruptcy during divorce 10:20 – Judges' considerations in debt allocation 12:00 – Preparing for divorce financially 13:45 – Pitfalls of separating finances prematurely 15:30 – Smart financial moves for a secure post-divorce future About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, offering valuable insights and practical advice for individuals navigating divorce and related legal matters. Hosted by experts in the field, each episode provides in-depth discussions on critical topics to empower listeners with knowledge and understanding.

Episode Summary: In this episode of *Off the Record*, experienced family law and estate planning attorney discusses the complexities of uncovering hidden assets in divorce cases. From identifying signs of financial deceit to navigating the legal processes involved, the episode sheds light on the challenges faced by individuals dealing with undisclosed finances during divorce proceedings. Key Timestamps: - 00:00 – Introduction - 01:30 – Unveiling Hidden Assets - 03:15 – Signs of Financial Deception - 05:00 – Tools Used by the Court - 07:45 – Handling Financial Control Disparities - 09:30 – Consequences of Asset Concealment - 11:15 – Miscommunication vs. Intentional Hiding - 13:00 – Business Assets in Divorce - 15:20 – Emotional Support for Clients - 17:10 – Precautionary Measures for Suspected Deception About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, estate planning, and navigating complex financial matters during legal proceedings. Join us as we explore real-life scenarios and expert insights to empower listeners with valuable knowledge in legal matters.

Episode Summary: In this episode of *Off the Record*, Rhett Burney shares insights on avoiding family disputes posthumously through effective estate planning. Rhett emphasizes the importance of considering family dynamics, being specific in asset distribution, and fostering open communication to prevent conflicts. With real-life examples, he highlights the significance of clear instructions and selecting responsible executors to maintain family harmony. Key Timestamps: 00:00 – Introduction 00:45 – Common disputes in estate planning 01:30 – Importance of family dynamics in planning 03:15 – Specificity in asset distribution 04:20 – Communication and discussing plans with family 05:45 – Choosing a responsible executor or trustee 07:10 – Case study: Prevention of family dispute through clear planning 09:00 – Revisiting estate plans and signs for revision About the Show: *Off the Record* is a legal podcast hosted by an experienced attorney focusing on family law, estate planning, and probate matters. Join us to explore insightful discussions and expert advice on preserving family relationships through effective legal planning strategies.

Episode Summary: In this episode, Melissa Smith, an associate at a law firm, discuss naming a guardian for children in a custody dispute. Melissa explains the role of a guardian, how courts make decisions, and the importance of good planning to prevent conflicts. She emphasizes the significance of considering the child's best interests and the impact of parental boundaries on custody arrangements. Key Timestamps: 00:00 – Introduction 00:45 – Court appointment of a guardian in custody disputes 01:30 – Role and qualifications of a guardian in South Carolina 03:15 – Impact of parental boundaries on conflicts and custody arrangements 05:00 – Importance of addressing issues early on in custody disputes 06:30 – Recommendations for revisiting decisions in changing custody dynamics 08:10 – Introducing a new parent into the equation and considerations for children 09:45 – Benefits of making early choices to protect child stability and reduce future litigation About the Show: *Off the Record* is a legal podcast that delves into family law and estate planning matters. The show features expert guests like Melissa Smith, offering insights and guidance on navigating legal challenges for families.

Episode Summary: In this episode of *Off the Record*, family law and estate planning attorney Rhett Burney discusses the importance and benefits of charitable giving in estate planning. He highlights how charitable donations can benefit both the charity and the individual's estate, providing tax advantages and creating a lasting legacy. Key Timestamps: 00:00 – Introduction 01:15 – Benefits of Charitable Giving in Estate Planning 02:30 – Methods of Including Charities in Estate Plans 04:10 – Balancing Giving and Providing for Loved Ones 06:20 – Considerations for Responsible Charitable Giving 08:00 – Tax Implications of Charitable Gifts 09:45 – Avoiding Tax Problems and Maximizing Benefits 11:20 – Details to Consider When Naming Charities in Wills or Trusts 13:00 – Ensuring Proper Identification and Backup Plans for Charities 15:10 – Leaving a Lasting Legacy Through Charitable Giving About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, estate planning, and legal strategies to protect families and assets. Join attorney Rhett Burney as he shares valuable insights and advice on navigating legal matters with expertise and care.

Episode Summary: Discover the intricate processes of adoption in South Carolina with Rhett Burney and Bill Finn delve into the various scenarios leading to adoption, unexpected challenges families face, and the legal intricacies that shape the adoption journey. Gain valuable insights into the complexities of adoption and the significance of legal safeguards in ensuring the best interests of the child. Key Timestamps: 00:00 – Introduction 01:30 – Different processes for adoption in South Carolina 03:45 – Surprises families encounter during the adoption proces 05:20 – Balancing the rights of biological parents and the best interest of the child 07:10 – Steps to initiate the adoption process 08:45 – Adoption of stepchildren: Process and considerations 10:15 – Timelines and factors affecting adoption completion 12:00 – Differences in adopting infants versus older children 13:45 – Personal insights on adoption and its impact on families About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, estate planning, and legal matters affecting families in upstate South Carolina. Join Rhett Burney and Bill Finn as they provide valuable insights and guidance on navigating legal challenges and ensuring the well-being of families through expert legal counsel.

Episode Summary: In this episode of *Off the Record*, Rhett Burney and special guest Bill Finn delve into the importance of powers of attorney in estate planning. They explain the significance of having a power of attorney document, who should have one, and why it's crucial for everyone, regardless of age. The discussion highlights different types of powers of attorney, when they come into effect, and the potential consequences of not having one in place. Key Timestamps: 00:00 – Introduction 01:08 – Definition and purpose of a power of attorney 03:20 – Importance of having a power of attorney for all individuals 05:45 – Types of powers of attorney and their specific functions 08:10 – Consequences of not having a power of attorney 11:45 – Dangers of using online templates for power of attorney documents 14:30 – Steps to ensure recognition and understanding by banks, doctors, and family members 17:40 – Recording powers of attorney at the courthouse for validity 19:55 – Choosing the right agent and the significance of a successor agent About the Show: *Off the Record* is a legal podcast featuring Rhett Burney, a family law and estate planning attorney based in Greenville County, South Carolina. The show provides valuable insights into various legal aspects, offering guidance and knowledge for individuals seeking professional legal assistance.

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.

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.

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.

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.

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 introduction 02:00 – What alimony is and what it’s designed to do 04:20 – Key factors courts consider (income, marriage length, assets, judge discretion) 07:40 – How child support interacts with alimony 09:15 – Why some judges are “pro” or “anti” alimony 11:05 – Different types of alimony: permanent, rehabilitative, and lump sum 13:30 – Circumstances that end or reduce alimony (death, remarriage, cohabitation, change in income) 16:45 – Adultery as a complete bar to alimony in South Carolina 19:00 – How alimony is calculated (no single formula, judge discretion) 22:10 – Negotiating alimony outside of court and judge approval 25:15 – Appealing an alimony decision 27:40 – When and how alimony can be modified or terminated 31:00 – The role of private investigators in proving cohabitation or adultery 34:15 – 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.

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 introduction 01:15 – Defining the executor’s role after someone passes away 04:30 – Difference between executor, trustee, and power of attorney 08:20 – The biggest mistakes people make when choosing an executor 11:45 – Why responsibility is more important than financial knowledge 15:10 – The risks of naming co-executors 18:00 – What happens if an executor refuses or mishandles the role 21:25 – Fiduciary duties, accountability, and legal consequences of misconduct 25:40 – Real-life examples of probate court removing or jailing executors 30:15 – Factors to consider when deciding who should serve as executor 34:50 – What to do if you don’t have a spouse, children, or trusted family members 38:10 – 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.

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.

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 expensive 01:35 – Attorney time, expertise, and overhead costs 03:45 – Court rules, procedures, and why representation matters 05:30 – Filing fees, process servers, and administrative expenses 07:15 – The role of discovery in driving up case costs 10:20 – Why discovery is time-consuming and document-heavy 13:30 – Common misconceptions about case outcomes and trial results 16:10 – The unpredictability of judges and opposing counsel 18:40 – The cost impact of contested hearings and trials 21:00 – Delays in court scheduling and the realities of the legal system 24:25 – Emotional conflict and its financial consequences in divorce 28:10 – 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

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.

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.

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.

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.

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.

  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.

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.

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.

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.

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 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.

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 that attorneys need personal time to recharge, ensuring they can represent their clients effectively. Timestamps [00:26 – 00:35] Unrealistic Expectations: Are lawyers magicians? [00:35 – 02:14] High Expectations & Limitations: Navigating what’s possible [02:14 – 04:10] The Truth Factor: Why honesty is critical in legal cases [04:10 – 05:31] Attorney-Client Privilege & Private Discussions [05:31 – 07:01] Social Media & Courtroom Behavior: How it affects your case [07:01 – 08:00] Cooperation and Big Picture Strategies in Family Cases [08:00 – 10:04] Imperfect Legal System: Judges, juries, and human error [10:04 – 12:17] Setting Realistic Expectations: Judges are human too [12:17 – 12:29] Attorneys Need Personal Time: Balancing work and downtime   About The Show Off the Record Legal Podcast offers an inside look at the legal world with practical advice and candid discussions led by attorney Rhett Burney, often joined by guest experts like Leslie Fisk. The show aims to demystify the legal process, helping listeners understand what attorneys wish their clients knew about honesty, courtroom behavior, managing expectations, and the reality of working within an imperfect legal system. With relatable anecdotes and clear guidance, the podcast is designed for anyone navigating legal challenges or simply interested in how the law operates behind the scenes.  

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, both attorneys convey their deep commitment to their clients' well-being, despite the challenges of their profession.   Timestamps: [00:24 - 01:57] Importance of case uniqueness and jurisdiction differences [01:58 - 03:45] Impact of emotions on legal decisions and examples of emotional disputes [03:46 - 06:29] Dangers of social media in legal cases and public online behavior [06:30 - 08:40] Clients' role as part of the legal team and need for active involvement [08:41 - 10:31] Time-consuming nature of legal processes and court delays [10:32 - 12:24] Managing client expectations around case duration and system inefficiencies [12:25 - 12:54] Attorneys' personal care and dedication to client outcomes   About The Show Off the Record is a legal podcast hosted by Kevin Rosenquist alongside attorney Rhett Bernie, with frequent expert insights from guest attorney Leslie Fisk. The show offers practical advice and behind-the-scenes perspectives on the legal process, aiming to bridge the communication gap between attorneys and clients. Each episode dives into common misconceptions, emotional challenges, and procedural complexities that clients face, providing guidance on how to navigate legal issues effectively. Whether discussing the impact of social media on court cases or the importance of patience in lengthy legal battles, Off the Record emphasizes empathy, clarity, and teamwork in achieving the best outcomes. Ideal for anyone seeking a deeper understanding of the legal system, the podcast combines professional expertise with approachable, real-world advice.  

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 role of thorough preparation in legal cases. The discussion also touches on managing client expectations regarding legal costs and the emotional toll of litigation, with advice on balancing legal support with mental health care.   Timestamps: 00:00 – 00:22: Introduction to the episode and guest attorney Leslie Fisk. 00:22 – 02:08: Importance of honesty between clients and attorneys. 02:08 – 03:12: Attorneys providing honest, sometimes tough feedback. 03:12 – 04:27: Example: 50/50 custody and managing expectations. 04:27 – 06:37: Communication challenges and prioritization of cases. 06:37 – 07:21: Importance of trial preparation time. 07:21 – 09:54: Detailed preparation: Document requests and client involvement. 09:54 – 11:04: Predicting legal costs and unexpected complexities. 11:04 – 12:17: Litigation phases and keeping costs manageable. 12:17 – 12:57: Staying focused during consultations to reduce costs. 12:57 – 13:14: Importance of therapy during litigation for emotional support.   About The Show Off the Record is a legal podcast hosted by Kevin Rosenquist, featuring attorney Rhett Burney and guest experts from the legal field. The show dives into practical legal insights, offering listeners a behind-the-scenes look at the attorney-client relationship, courtroom preparation, and the complexities of legal proceedings. Each episode covers essential topics like honesty with your attorney, managing expectations, the importance of thorough case preparation, and navigating the emotional toll of litigation. Designed to educate and empower, Off the Record is a valuable resource for anyone seeking to better understand the legal process.

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 need for ongoing planning and how proper estate planning can help preserve family harmony while ensuring assets are distributed as intended. Timestamps: [00:38 - 01:23] What is a Trust and How Does it Work? [01:24 - 02:46] Why Consider a Trust Over a Will? [02:47 - 03:58] The Importance of Planning Early [03:59 - 04:12] Speaker's Personal Experience with Estate Planning [04:13 - 05:09] Misconceptions About Trusts [05:10 - 06:00] Common Types of Trusts and Who Needs Them [06:01 - 06:52] Special Needs Trusts and Their Benefits [06:53 - 08:03] Administering a Trust After the Grantor’s Death [08:04 - 09:39] Mistakes People Make When Setting Up Trusts [09:40 - 10:52] First Steps in Creating a Trust [10:53 - 12:25] The Importance of Regularly Updating Your Trust [12:26 - 14:25] How to Decide What to Include in a Trust [14:26 - 15:37] Tax Considerations and Trust Planning [15:38 - 17:17] Final Advice for Listeners on Estate Planning About The Show "Off the Record Illegal Podcast" hosted by Kevin Rosenquist features attorney Rhett Burney as they explore important legal topics with a focus on practical advice for individuals and families. In each episode, Rhett provides insights on legal matters, such as estate planning, family law, and asset protection, breaking down complex concepts in an accessible way. The podcast aims to help listeners understand their rights and responsibilities, offering expert guidance to navigate the intricacies of legal processes and avoid common pitfalls.

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 situations. Timestamps [00:00 - 00:37] Introduction to Family Law and High Conflict Divorces [00:37 - 01:41] Emotional and Legal Challenges in High Conflict Divorces [01:47 - 02:57] Managing Conflict in High Conflict Divorces [03:49 - 04:25] Triggers of Conflict During Divorce (Affairs, Money, Children) [04:43 - 05:32] Managing Conflict: Mental and Physical Health Strategies [05:32 - 06:41] Importance of Listening to Your Lawyer and Support Systems [06:48 - 08:25] Role of Mediation in High Conflict Divorces [08:29 - 09:11] Success Rate of Mediation in High Conflict Cases [09:22 - 10:09] Unexpected Outcomes in Mediation (Reconciliation) [10:20 - 11:42] Legal Strategies for High Conflict Divorces [11:53 - 13:39] Managing Clients Who Are Stubborn or Resentful [13:47 - 14:58] Effective Communication Strategies in High Conflict Divorce [16:56 - 18:31] Advice for Those Heading into High Conflict Divorce About The Show "Off the Record" is a legal podcast hosted by attorney Rhett Burney, where he dives deep into various aspects of family law, particularly focusing on high-conflict divorces. In each episode, Rhett offers valuable insights into the emotional and legal challenges clients face during divorce proceedings, sharing strategies for managing conflict, the role of mediation, and the importance of effective communication. With his extensive experience in family law, he provides listeners with practical advice on navigating difficult situations, managing client expectations, and understanding the legal process in South Carolina, all while stressing the importance of empathy and thoughtful legal strategies.

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 to custody arrangements, and the role of communication between parents. Rhett also highlights what to do if one parent is violating a custody agreement, and offers advice on how parents can improve their chances of securing favorable custody arrangements.   Timestamps: 00:00 – 00:28 – Introduction to family law in South Carolina 00:33 – 01:12 – Main factors courts consider in custody decisions 02:07 – 03:05 – 50/50 custody in South Carolina 05:05 – 06:31 – Factors for joint custody vs. sole custody 06:41 – 07:48 – How relocation affects custody decisions 07:48 – 08:32 – Special considerations for special needs children in custody 08:50 – 09:33 – Consequences of violating custody agreements 13:14 – 14:16 – Modifying custody agreements after divorce 15:03 – 17:33 – Improving chances of securing favorable custody arrangements About The Show "Off the Record Legal Podcast" is hosted by attorney Rhett Burney and covers essential legal topics, with a focus on family law in South Carolina. In each episode, Rhett offers insightful discussions on common legal issues, such as child custody, visitation rights, and modifications to custody agreements. The podcast provides listeners with practical advice, helping them understand complex legal processes and navigate difficult situations, like custody disputes and enforcement of court orders. With expert guidance and real-world examples, the show is a valuable resource for anyone seeking to better understand family law matters.

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 highlights the importance of hiring an expert to navigate the process, comparing it to attempting a home renovation without experience. Tune in to better understand probate and dispel the myths that might be causing unnecessary anxiety. Timestamps: [00:02:49] Estate planning to avoid probate. [00:04:36] Importance of written wills. [00:07:19] Poor estate planning consequences. [00:10:26] Common mistakes in probate process. [00:14:45] Treasure map for loved ones. [00:17:26] Estate planning for loved ones.   About The Show 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.

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 alternative relationship structures, and the potential for declining marriage rates impacting the future of divorce lawyers. The conversation highlights the evolving landscape of marriage and divorce, reflecting on how generational shifts influence these trends. Tune in for an engaging discussion that sheds light on the realities of family law today. Timestamps: [00:01:21] Divorce trends in South Carolina. [00:04:35] Self-representation in legal matters. [00:06:49] DIY divorce pitfalls. [00:12:02] Importance of legal representation. [00:14:10] Complexities of divorce matters. [00:17:20] Bad advice during divorce cases. About The Show 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 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.

In this episode of Off The Record, host Kevin Rosenquist sits down with attorney Rhett Burney to explore the essentials of family law and estate planning in South Carolina. Rhett discusses the importance of estate planning, particularly in divorce, highlighting that everyone will face the reality of death and the necessity of preparing for it. He simplifies estate planning to determine what happens to our belongings after we pass away and emphasizes the importance of advanced directives, such as health care powers of attorney and living wills. The conversation underscores the need for legal documents that can assist individuals before death, particularly as they age or face health challenges. Tune in to gain insights on effectively planning for the future and protecting your loved ones. Timestamps: [00:02:10] Estate planning for everyone. [00:04:02] Estate planning is important for families. [00:07:09] DIY estate planning risks. [00:12:18] Wills versus trusts explained. [00:13:45] Importance of proper estate planning. [00:17:21] Honest legal advice approach. About The Show 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 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.

In this episode of Off The Record, host Kevin Rosenquist sits down with attorney Rhett Burney to explore the essentials of family law in South Carolina. Rhett shares his motivations for practicing family law, revealing that his desire for variety and excitement drives him to thrive in this dynamic field. He discusses the fast-paced nature of his work, which involves frequent court appearances, mediation, and client interactions. The conversation highlights the broad spectrum of family law cases, including divorces, custody disputes, visitation issues, alimony, adoptions, and name changes. Tune in to gain insights into the challenges and rewards of practicing family law in South Carolina. Timestamps: [00:01:36-00:01:47] Common types of family law cases. [00:06:07] Settling family law cases. [00:08:07] Personalities driving legal trials. [00:12:07] The value of mediation. [00:14:49] Hiring a divorce attorney. [00:15:30] The power of mindfulness. About The Show 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.