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Questions Answered by Christian T. Wall
2 Answers | Asked in Landlord - Tenant and Probate for South Carolina on
Q: Can you evict someone on behalf of a homeowner that is currently incarcerated?

A close friend of mine is incarcerated, since he has been in jail his father has moved into his house without his permission. He is trying to rent the house out in order to keep it up and have the taxes paid. The house is paid off. He asked me to go to the magistrate and file an eviction notice... View More

Christian T. Wall
Christian T. Wall
answered on Oct 22, 2024

To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that... View More

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1 Answer | Asked in Estate Planning for South Carolina on
Q: Two sons, 1 living (personal rep) and 1 deceased. Is heir the 2 living daughters of deceased son or surviving spouse?

2.1. Igive and bequeath all my tangible personal property not otherwise disposed of to my children or whichever one or more survives me….

3.5.

To my spouse, if my spouse survives me.

If my spouse fails ot survive me, my Residuary Estate shall be divided into equal separate... View More

Christian T. Wall
Christian T. Wall
answered on Oct 15, 2024

Based on the limited information provided in your question, it appears that the estate should be divided between the surviving son and the children of the deceased son. The surviving son would get 50%, and if the two living daughters of the deceased son are the only issue of that son, they would... View More

1 Answer | Asked in Probate for South Carolina on
Q: So I'm completely confused with what I need to do and how to start the probate process.

My father recently died and my mother passed in 2013, leaving me as the only child and beneficiary. However, my father has no will or trust nor did he set up POD or beneficiaries on any of his accounts. Cash assets are under $50,000, the only property is a couple of cars and some normal household... View More

Christian T. Wall
Christian T. Wall
answered on Oct 15, 2024

First of all, please accept my condolences on the loss of your father.

You will need to open up a probate estate with the probate court in the county he was living in when he died. Once the estate is opened and you are appointed the personal representative (what used to be called...
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