Atlanta, GA asked in Divorce for South Carolina

Q: Can we hold a deceased ex wife and deceased ex husband in contempt of court for not following a divorce decree?

4 heirs to a property but due to the divorce just prior to death and time since death, probating the property is not a simple process. The divorce decree stated that the property was to be conveyed to the children and all documents to do so be signed immediately. This did not happen. Now the children cannot do anything with the property.

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1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Charleston, SC
  • Licensed in South Carolina

A: S.C. Code Ann. Section 20-3-660(A) allows the Clerk of Court to sign documents on behalf of the parties, and I believe you can ask the Court to direct the Clerk to do so by bringing a motion under Rule 70, SCRCP.

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