My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day... View More 
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answered on Apr 11, 2024
Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific... View More
Keep out of private and his estate. Has no money. No assets
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answered on Mar 21, 2024
Transferring a claim from your father's name to yours, especially under these circumstances, requires understanding and navigating specific legal procedures. It's important to know that claims related to Camp Lejeune involve federal law and may have particular guidelines for transfer or... View More
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answered on Mar 1, 2024
If you're the spouse of a deceased person who was managing heir property, your rights to the property depend on several factors, including the laws of the state where the property is located, whether there was a will, and how the property was titled. Generally, spouses have certain rights to... View More
still living, with no will, how can they get the estate assigned to their names
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answered on Dec 5, 2023
Hire a competent SC attorney to search the title and determine heirship. An Affidavit of Heirship needs to be drafted and executed by an affiant with knowledge of the Family. Record the AH as the source of title for the present owners. Someone has to pay the taxes even though the other... View More
2011 my father passed away 2 properties left to me in a life estate. mother lived there until 2015. I moved there 2015. the property taxes were behind. tax office told me I had to pay back taxes before I could put deed in my name couldn't afford to pay the back taxes ($8000 for 2015 &... View More
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answered on Nov 2, 2023
Property Taxes have nothing to do with the Title. Apparently you need to hire an attorney to search the title and determine record ownership. Usually the grantor makes one Deed conveying life estate(s) to someone, then either conveys a remainder estate to someone or retains it himself. There... View More
Mother is alive and lives on property, wants to lease part of it to a nonprofit,can that be done?
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answered on Nov 1, 2023
Is the Mother the Trustee? If so, then yes. Trustee makes these decisions in accordance with the Trust terms.
Went to probate then to bank said I may have to pay off.
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answered on Oct 18, 2023
In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More
can i just scrap the original trust and do a simple will?
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answered on Oct 2, 2023
You can amend your trust or revoke the existing Power of Attorney and draft a new one without necessarily scrapping your original trust. Depending on your goals, you might not have to do away with the trust entirely to change your POA.
I am planning to sell the home to a cash buyer, but before that I need to know if I have the authority to do so in South Carolina.
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answered on Sep 20, 2023
In South Carolina, an executor can sell a house without being on the deed, but they need the appropriate authority, either granted by the will or by the probate court. It's essential to ensure the house has been formally transferred through probate and that the estate holds clear title to the... View More
After death. It was closed by the probate judge within 2 weeks since the only asset was a mobile home valued at 7500.00. Now a neighbor submitted a claim for $1000.00 saying my dad and his wife owed them money. Is this even valid?
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answered on Aug 11, 2023
Administrator needs to file an objection to the claim as barred, or possibly even ignore it. Consult with a SC attorney that knows Probate.
I do not have no brothers or sisters I'm my only child I was born in 1981 why do I have to go to probate they own their own home they did not have no liens on it or anything they made me personal representative at probate for something I think everything is rightfully mine don't have no... View More
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answered on Jul 21, 2023
In situations like yours, where a person passes away without a will (intestate), their assets typically go through the probate process to determine how they will be distributed. The probate court will handle the distribution of the estate according to state laws, which can vary depending on the... View More
My mother has dementia, we are doing paperwork while she is still mentally here but no money for an attorney. Will, living will, dual power of attorney. I know we can file at the court house, we just wanna make sure we have the paperwork done right.
answered on Jun 29, 2023
You should consult with an attorney. If your mother has dementia, she may not have capacity to execute the documents. You may need to pursue a guardianship. You should consult with an elder law attorney.
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answered on May 1, 2023
A good starting place is reading the Probate File wherever the Estate was Probated. If real property, then search her former title at Circuit Court where land lies. A SC attorney may be able to help you further. If conversion/embezzlement occurred, then you and the other would be... View More
Had power of attorney and I'm assuming she is dealing with probate. She doesn't talk to me and isn't authoritative with the situation. The other sister lives in the house with 7 other adults she now has there. No power, no water. They have the carport covered completely and the yards... View More
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answered on May 1, 2023
All tenants in common have the right to occupy their property, utilities or not. You may wish to hire an attorney to file for a Sale For Partition.
The bank (Family Trust Federal Credit Union) said only the executor of the estate can get bank statements. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina, where she used... View More
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answered on Mar 2, 2023
As a beneficiary of a POD bank account, you may have the right to receive bank statements related to the account. However, this can vary depending on the laws of the state where the account was held and the specific terms of the account agreement. Generally, if you can provide proof of your... View More
The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (Family Trust Federal Credit Union),where she used to live. I... View More
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answered on Mar 2, 2023
As the beneficiary of your sister's POD bank account, you may have the right to obtain copies of the bank statements. However, the bank may have policies in place that require the executor of the estate to request the statements on behalf of the beneficiaries. You should contact the bank... View More
The petitioner is indigent, has mental and physical disabilities, the trustee has been committing frauds and not distributing his money so he can’t pay for an attorney. Can the court appoint an attorney and order the trustee to pay for it or get him an attorney probono? I have been assisting him... View More
answered on Feb 10, 2023
You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.
My life tenants have put up a sale sign as of yesterday after tress have fallen on house and septic tank and other issues. The value is not up to par, I doubt they had insurance since they asking to sale , and no one mentioned anything to me
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answered on Jan 17, 2023
In theory, yes, you can sell your remainder interest, but as a practical matter you might find it difficult to find a buyer who is willing to wait until both life tenants pass before he can take possession of the property.
The life tenants could also sell their life estates but, again, as a... View More
By harassing me i mean he smokes it obnoxiously in my face and continues to follow me around with it. I feel like he is trying to sabotage my health and career, and I feel unsafe around him. We are divorcing. The house is mine. He is forcing me out. He pays nothing on the house and is now trying to... View More
answered on Nov 28, 2022
There are not enough details here to provide you with specific information about your rights. The best course of action is to consult with an experienced South Carolina divorce lawyer.
I live in Tacoma, WA. His car, photos, police memorabilia and belongings are at his girlfriends house in which he stayed. She is not cooperating with me Getting his stuff although I am the sole beneficiary in his will. They weren’t married. I have the Will but, I want to get the stuff with no... View More
answered on Aug 22, 2022
Dear Mrs or Mr,
at first I would like to note that I am not able to answer this from the exact point of view of your jurisdiction. So I will be telling a general legal advice and how I would proceed in your case.
In my country there is a special type of action that can be filed to... View More
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