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South Carolina Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning, Family Law and Probate for South Carolina on
Q: Documentation needed to prove a person is still living for ben. claim

Mom passed in 2020, no will/probate done. Fidelity reaches out, I file a ben. claim since they cant find my stepfather (nor can I). But they state as of public record hes dead, but in talking to his brother hes still alive (we have no contact). Fidelity rep told me to get a notarized statement or... View More

0 Answers | Asked in Estate Planning and Probate for South Carolina on
Q: My Dad passed 10/28/2024 and I have never been given a copy or told what will says. How do I get a copy

My stepbrother won was adopted is executor and live with dad. Convinced dad to buy a house in July and put his name on it, I have no idea where all my dad money is, will or bank accounts went too how can i

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 Estate Planning for South Carolina on
Q: Self-recreation/revision of a current Living Trust - rules that apply

I have a Living Trust. The attorney who created the document almost 20 years ago no longer wants to be my Trustee, Power of Attorney and Healthcare Proxy. I’ve given this attorney over $12,000 through the last 20 years in changing details and in creating “Fourth Full Restatement of ...” of... View More

Anthony M. Avery
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answered on May 31, 2024

You are going to need to hire an attorney to draft that Trust. It is complicated, but you probably do not need a SC licensed attorney. Most importantly, you need a new Trustee, which may be difficult to find. The new Trust should appoint the new Trustee, and you may need to revoke your prior... View More

1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for South Carolina on
Q: What legal action can we take?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for South Carolina on
Q: Need to transfer a camp lejeune claim in my father’s name to my name. He’s dying and may not live to see a settlement.

Keep out of private and his estate. Has no money. No assets

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for South Carolina on
Q: If the decedents have longed passed away and their estate is still in their names and there are two elderly children

still living, with no will, how can they get the estate assigned to their names

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning for South Carolina on
Q: How does a life estate deed work? Who puts the deed in the reminders name when life tenant dies

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

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: If a piece of property is in a trust for a person's daughter, can the parent lease out part of the property to someone?

Mother is alive and lives on property, wants to lease part of it to a nonprofit,can that be done?

Anthony M. Avery
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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.

1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

T. Augustus Claus
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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

1 Answer | Asked in Estate Planning for South Carolina on
Q: I want to change my POA to a different person. I have a trust

can i just scrap the original trust and do a simple will?

T. Augustus Claus
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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.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can the executor sell a house without being on the deed, or would I have to distribute the deed through probate first?

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.

T. Augustus Claus
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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

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can a claim be made against an estate after it has been closed. My father had a small estate opened in SC 7 months

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?

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My dad passed away Easter Day 2021 my mom just passed away May 28th 2023 they did not leave me as beneficiary

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

T. Augustus Claus
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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

1 Answer | Asked in Estate Planning, Family Law and Elder Law for South Carolina on
Q: I live in South Carolina, do you need a notary signature and seal for a dual power of attorney?

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.

Zach S. Naert
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Zach S. Naert
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.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My uncle reopened my grannys estate i think he stole some property that she left me my brother How do I find out
Anthony M. Avery
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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

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for South Carolina on
Q: How can they be made to leave!? My mom passed away almost 1 year ago and left and 2 sisters and 1 the house. The oldest

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Banking for South Carolina on
Q: I am the beneficiary on my deceased sister’s POD bank account. Do I have the right to get a copy of bank statements?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Banking for South Carolina on
Q: I am the beneficiary on my deceased sister’s POD bank account. Do I have the right to get a copy of bank statements?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning, Contracts, Civil Litigation and Probate for South Carolina on
Q: How can I get an appointed attorney for a person with mental disabilities and poor. Trustee is stealing his money.

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

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.

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