Provided there is no question that the two were married, at the very least she is likely entitled something called an "elective share" and there may be other issues that protect her interest to probate (or non probate) property.
Probate issues are often complicated looking, but a...View More
Before you settle your claim, I highly suggest you at least have a brief consultation with a local attorney. Most should be willing to give you advice on an hourly basis if you want to try and handle settlement negotiations on your own (although, I don't recommend that generally)....View More
You should not make assumptions. However, if you assume the will was filed and valid, and that the estate can otherwise afford to pay all valid liens and judgements, that the deceased had valid legal title to the property, and that your step father follows the law and directions in the will... You...View More
Executors if estates have a legal obligation to follow the directives of a valid will, if one exists. SC Probate Court files are public, in general, so you should be able to get a copy of the filed will from the court where the estate is opened.
If you want answers and explanations about...View More
Your previous Court Order controls. Changing court-ordered custody and visitation first requires a showing of a substantial and material change in circumstances followed by a best interest of the child analysis. It is complicated and you will very likely need an attorney.
My long term boyfriend who is also the father of my kids is extremely verbally abusive and occasionally physically abusive to me over his paranoid insecurities. Several police reports have been filed and he was even arrested but not charged in one case. I just want him to move out of the home that... View More
Your only option at this moment in time (given coronavirus closures) is to file a petition for an order of protection or to move out yourself. If you can't afford a local attorney to help with this, sclegal.org assists people with this issue if you qualify.
If South Carolina is the appropriate jurisdiction in which to probate your Father's Estate, you need to talk to a local attorney immediately. While I cannot comment on your specific situation given the amount of unknown information, it is possible to have Wills or Codicils set aside due to...View More
You do not need an original deed to real estate, all properly recorded deeds are on file with the Register of Deeds Office (sometimes called Register of Mesne Conveyances) for every County in the State of South Carolina. Go to the Register of Deeds office for your local County Government and they...View More
Your son needs to speak to a local probate attorney immediately. At the least, he needs to bring the copy of the will with him to his appointment, a list of his father's other children (both living and deceased) and their children, and a list of likely assets contained within the estate....View More
I own a restaurant business in this place since 2006. My current lease is ending on December 31, 2017. I reached out to the landlord for a new extension in June, and he agreed. But there is an unresolved issue on the new extension agreement cause the delay on making this extension effective. I kept... View More
Seek out a local attorney to review your current lease and advise you of your options. Your lease terms will generally control in extension disputes provided it complies with statutes and common law requirements.
A consultation of this nature should not take all that long or be...View More
You would most likely be bound by the laws of the state in which the children are living. The proper state in which to bring a suit involving custody/visitation is usually determined by the UCCJEA - a statute that has been adopted by most states. Once you determine the proper state to bring your...View More
An uncontested, no-fault divorce is generally most easily achieved after the parties have been separated one full year. I still recommend hiring an attorney to help with this process. Getting divorced in SC, among other requirements, entails filing and serving a complaint, giving testimony in...View More
The only person that has the power to transfer the titles while the estate is open is the person appointed as the personal representative. Have the PR ask the estate attorney for guidance if they are unsure how to go about this.
Disclaimer: This answer is not intended to be legal advice...View More
Answering this question as it applies to you requires a lot more information. For example, among other factors, it would matter whether or not you and your wife were ever married, whether there is a paternity test or affirmation of paternity, and whether there is a formal order of custody of your...View More
Lawsuits involving wrongful death can take anywhere from months to years for settlement. Settlement may never even come and a trial may be necessary. Speak to your attorney regarding a time frame for your specific case.
Disclaimer: This answer is not intended to be legal advice and...View More
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