Eversole Law Firm - Fall 2022

Take a look at our Fall 2022 newsletter!

Eversole

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The U.S. has set aside Nov. 11 to celebrate all the brave men and women who have served our country with dignity and courage. Veterans Day is just one small way we can give thanks for their sacrifices and patriotism. I want to take a moment to honor three such service members in my family. I grew up in the military because my dad was an aviator in the Marine Corps. He served in the Vietnam war flying phantom jets for more than a year. I know his time in Vietnam affected him because he never talked about it. But he loved flying and being a Marine. One of my favorite movies is “Top Gun,” and there’s a famous quote: “You’re not going to be happy unless you’re going Mach-2 with your hair on fire.” I always envision that as the kind of guy my dad was when flying. Things were also a lot less strict back when he served, and my family would tell stories. His Kansas relatives always knew when he was visiting because he’d buzz their house with his plane before stopping by! Later, he helped purchase the military’s first vertical jump jet plane. He also became the first commanding officer of the squadron flying them. The aircraft used thrusters to lift the planes off the ground straight up, rather than having to speed down a runway for takeoff. These days, the aircraft are all controlled by computers. But Dad flew them manually and loved it. I also loved the time I got to watch him do it. I eventually married Kenny, a Navy veteran who served in the late ’70s and early ’80s. He served during peacetime, back in the days when the U.S. military was training Iranians. He was on the USS Lexington, an aircraft carrier now in a museum in Corpus Christi, Texas. HONORING OUR SERVICE MEMBERS Home of the Brave

Fall 2022

Kenny worked on the flight deck with what they call the Ouija board. It’s a system that tracks every plane — how it will get to the runway, where it will land, and where it will go after landing. He knew where every airplane was at any given time and manned the fuel they needed to run the ship and fly the planes. Finally, my son is a future veteran currently enlisted in the Navy. He’s a trained electrician who has worked on an aircraft carrier for three years and has seen the world. Thanks to the military, he has ridden a camel, climbed Mt. Fuji, visited the Arctic, and drank cobra blood. I love that his enlistment has provided him with so many opportunities. I’m proud of and grateful to every current and former service member in my family. They were each driven by a strong sense of patriotism and duty to our nation. Since they respect and treasure our American freedoms, they have been proud to serve. And we, in turn, should respect and treasure them.

-Alysoun Eversole

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Thanksgiving Is About More Than Food It’s About Showing Gratitude

As we prepare for our Thanksgiving feasts, Thursday night football games, and Black Friday shopping, take some time to show gratitude for those around you and for what you have. Here are a few ways to practice gratitude this month. Appreciate everything. Get into the habit of being grateful for the little things in your life. It can be easy to acknowledge the “big” things, but nothing is too small to be thankful for. You can be grateful the weather is nice and sunny, that you received the package you’ve been waiting for, or that you got out of bed today. Don’t leave out anything when practicing gratitude. Practice mindfulness. Mindfulness is the ability to be fully present and aware of what’s happening around you. So, instead of being overwhelmed by what you need to do tomorrow or next week, focus on the present moment and enjoy the time

you spend solo or with your loved ones. Live in the moment and take one day at a time. Tomorrow will surely come, and you only have a limited amount of time in the present. Celebrate your challenges. Sometimes struggles and battles in our lives can weigh us down. But when you persevere and continue to push forward, you will find success. Challenges help you improve and strengthen your abilities and resilience, so celebrate the progress you’ve made. Showing gratitude for challenges and negative experiences allows us to acknowledge humility and appreciate growth in our lives. Keep a journal. Writing down the things you’re grateful for will remind you of all the great things you have when other things aren’t going so well. So, keep a journal about what you’re grateful for each day or week — even if it’s

just small things at first. Your perspective on life will change, and it will get easier to see the good things and to feel grateful for things you were likely overlooking. Showing gratitude is something we should do every day, all throughout the year — not just during the holidays. So, try to practice mindfulness and gratitude using these tips! Happy Thanksgiving, everyone!

DOWN BUT NOT OUT

Handling a Low Appraisal

The buyer and seller agree on the price of a home and begin the process of transferring ownership. Since the buyer was pre-approved for a mortgage loan, the rest of the process seems like a formality. But if the appraisal comes in significantly lower than the agreed-upon purchase price, then all guarantees are out the window. Appraisals are part of virtually every home purchase financed through a mortgage. Lenders require them to confirm sufficient collateral for the loan. When the home is worth less than the loan amount, the bank would be unable to recoup its losses after a foreclosure. And without proper financing, a real estate deal can fall apart. Whether you’re a buyer or seller, low appraisals are unfortunate. But they happen, especially in hot markets where buyers enter bidding wars. Fortunately, several options are available for motivated buyers and sellers who want to make the transaction work. First, both sides should understand how the appraiser decided upon the property’s value. Appraisers primarily base their work on comparable properties (“comps”) that have sold in the area over the previous year, and you can request to see the information. If the buyer’s real estate agent believes the appraiser used poor

comps, they can appeal an appraisal. Sometimes, buyers with good credit also seek a different lending institution offering a more favorable valuation.

If the appraisers don’t budge, the buyer and seller may return to the negotiating table. The success of these negotiations will hinge on several factors, most notably the buyer’s ability to put more cash upfront and/or the seller’s willingness to accept a lower price. Say a home is appraised at $50,000 below the selling price. The sellers might lower the price by $50,000 to get it off their hands or offer seller financing for the difference between the appraised value and the selling price. (Note: Always involve an attorney when considering seller financing!) The buyer might also put up an additional $50,000 in cash to satisfy the lender. Often, they use a mix of both approaches, and deals can be salvaged with some give and take. But other times, one or both sides decide to walk away. It’s an unfortunate reality of the real estate market. You’ll only know the right approach to take upon a careful review of the appraisal, the terms of the Purchase and Sale Agreement, an assessment of your finances, and an in-depth analysis with your real estate agent and/or attorney.

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What Happens to Fido? PROTECTING PETS IN YOUR ESTATE PLAN plan before writing it into your will. After all, an unwilling pet guardian might surrender the animal — the exact scenario you want to avoid. And if no one wants Fluffy, you can make arrangements with an animal sanctuary or other organization dedicated to orphaned pets. Pets are expensive, so you’ll also need to consider funding. Unfortunately, you can’t directly leave your pet money. Regardless of how you feel about them, the law considers them property — and your cat cannot have a bank account or own a house any more than your refrigerator can. But you can dedicate funds to caring for your pet after your passing, if you wish. These arrangements can range from informal to legally binding. Some pet parents choose to leave their pet to a friend with a specified dollar amount to offset costs. Others create a pet trust, a fund for a caretaker to look after your pet per your wishes. Pet trusts are legally binding and can be highly detailed. The downside is that one is pricey to create and can’t change with shifting circumstances. Discuss the options thoroughly with your estate planning attorney before pursuing a pet trust. No matter what you decide, factoring your pets into your estate plan is the only way to ensure they have a happy life after you’re gone. And a relationship that significant isn’t one you want to leave up to chance.

Have you ever heard a tale about an eccentric wealthy person who left everything they owned to their pet? It’s a rare, if amusing, turn of events, but it raises a worthwhile question. If your pets were to outlive you, who would care for them? Many pets sadly end up in shelters annually when their owners pass away. And the pets themselves are often older, making them less likely to be adopted into a new home. The idea of your fluffy friend having nowhere to go is heartbreaking. But like with children and everything else we hold dear, there are ways to protect furry family members in your estate plan. The most urgent matter to resolve is who will care for your pet in your absence. You should consider whom you can trust to love your pet (almost) as much as you do and keep their best interests in mind. Then, discuss with that person to ensure they’re on board with your

Great Truths

Roasted Pork Loin With Apples Inspired by BBCGoodFood.com

• 4 lbs pork loin • 2 tsp garlic powder • 2 tsp salt, divided • 1 tsp black pepper • 8 apples • 2 red onions • 3 garlic cloves • 1 tbsp brown sugar • 2 tbsp olive oil • 2 tsp cinnamon • 3 tbsp butter, softened Ingredients

Directions

1. In a large bowl, season pork loin with garlic powder, 1 ½ tsp salt, and pepper, then cover and place in refrigerator for 30 minutes. 2. Preheat oven to 425 F. 3. Slice apples and onions, then chop garlic cloves. Season with brown sugar, olive oil, remaining salt, and cinnamon. 4. In a 9x13-inch baking dish, place a layer of apples and onions in the pan, put pork loin on top, then place remaining apples and onions around it. 5. Break butter into small pieces and place them on the pork loin and apples. Place dish in oven and let it bake for 15 minutes. 6. Reduce the heat to 350 F, then continue to bake for 60 minutes. 7. Remove dish and stir apples and onions. 8. Increase heat to 450 F, put dish in oven, and roast for an additional 8–10 minutes.

“The ultimate result of shielding men from the effects of folly is to fill the world with fools.” –Herbert Spencer PHILOSOPHER (1820–1903)

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Eversole Law Firm, P.C. 1509 King Street Beaufort, SC 29902 (843) 379-3333 www.eversolelaw.com

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Disclaimer: The content of this publication has been prepared by Eversole Law Firm, P.C. for informational purposes only and is not to be construed as legal advice. It does not create an attorney-client relationship with its readers and may not be used by you, the reader, as legal advice. You are encouraged to consult with us or another attorney about your circumstances to which the information in this document may apply.

What’s Inside

1. Alysoun Thanks Her Favorite Veterans 2. It’s National Gratitude Month! What Happens After a Low Appraisal? 3. Estate Planning For Your Pets Roasted Pork Loin With Apples 4. Getting Outdoors Despite the Cold

COME OUT AND PLAY Staying Active in Cold Weather

Winter is almost here, and as the weather gets colder, many people use it as an excuse to stay inside and on the couch. But if you don’t want to wonder what happened to your fitness goals when spring comes around, now is the time to start preparing. Here’s what you need to know to comfortably enjoy outdoor exercise in low temperatures. First, there’s good news: Your chance of frostbite in 5 degree F weather is less than 5%. So, outdoor exercise is perfectly safe most days of the year. Just stay inside when there’s a particularly nasty wind chill and don’t exercise on icy surfaces. But while you probably won’t be hurt by outdoor winter exercise, there’s no denying it can be unpleasant if you aren’t prepared. One school of thought suggests there’s no bad weather, only poorly chosen clothing. So, if you want to exercise outdoors in the winter, you must set yourself up for success with the proper gear. Dress in layers and put them on in the correct order. Opt for a moisture- wicking material as your bottom layer, then add a warm insulating layer, followed by a wind and water-resistant jacket on top. Remove items as you get warmer so you don’t trap sweat. Also, remember the wool socks, gloves, and hat.

Another way to keep yourself comfortable during an outdoor workout is to warm up longer before beginning. Exercise in cold weather makes strains and sprains more likely, and a warmup will keep you safer. Plus, the additional movement before heading outdoors will help the temperature change feel less jarring.

You’ll want to protect your skin from the harsh air. One of the best ways to do that is by staying hydrated. Though it sounds obvious, many people feel less thirsty when exercising in the cold and don’t drink enough water. Also, moisturize regularly and protect your nostrils and lips from the wind with petroleum jelly or Carmex. Finally, don’t forget the sunscreen — if skiers can get a sunburn, so can you!

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