Can my step father take everything? He also lied to me about where she was laid to rest. He kicked me out. She would of never wanted this.
Neither time had a will. My father passed away and I was supposed to get his part. I was incarcerated for 10 years and a year after she passed away my grandfather made a will and willed me out. Leaving his estate to my dad's 3 sisters. Which one of the sisters hired a law firm to do the... Read more »
We have 3 adult sons.
We do have 3 adult sons.
I just received a notice of payment due. Am I now the owner of the contents which are all his? He married in December 2020, and I believe his updated Will leaves everything to his spouse. I have not been contacted regarding his will. Please advise! Thank you!
The will says 50 /50 split for the sons. Who gets the bank account?
answered on May 5, 2023
If son 2 had the joint account with Mom, then son 2 owns that money. It does not go through the Estate. The bank signature card must be examined.
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... Read more »
Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... Read more »
answered on Mar 14, 2023
Despite the express wording of Section 506 of the Bankruptcy Code, the US Supreme Court has ruled that there is no "cram-down" of secured claims in a Chapter 7 case, and the provisions of Ch. 13 likewise prohibit a "short sale" of mortgaged property where the holder of the first... Read more »
The will or estate is from Oregon
answered on Mar 13, 2023
You will need to ask an OR attorney. But as probably a legal reason, and definitely a practical reason, a contestant would be way too late.
My dad passed away 3 months ago- intestate- and is survived by my mother (his wife), my 2 brothers, and myself. His name is the only one listed as property owner for the family house & land. What do we need to do to keep the property in the family? And will it be put in just my mother’s name... Read more »
answered on Feb 20, 2023
Hire a competent SC attorney to search the title, determine heirship, draft an Affidavit of Heirship, and draft a deed from various Heirs to the one Heir which they agree for him to own individually. If multiple Heirs will be tenants in common, someone has to pay taxes and insurance.
We live in South Carolina and I care for him full time. To make things easy for everyone we are trying to plan so that probate can possibly be avoided. He owns no property and has no other assets. The joint checking acct has $75,000. He has a will that indicates all his belongings in the house are... Read more »
answered on Feb 16, 2023
Probably no probate would be needed. But he might change the bank signature card or put money elsewhere before he dies.
Above box was not working. In SC probate law, how long does a complaining plaintiff have to serve a defendant the summons he has submitted to the court? Plaintiff filed complaint one week before ten year deadline with falsified information being given to the court. Defendant was original named... Read more »
answered on Feb 15, 2023
Defendant needs a competent SC attorney to file Motion To Dismiss for the SOL, lack of Service, Summons not reissued in a timely manner, etc. This is not the kind of Case to represent yourself as there could a large Judgment By Default, which you would not know about until too late to appeal or... Read 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... Read 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.
answered on Dec 16, 2022
If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor.
Be sure to have a lawyer look at the mortgage and the... Read more »
Any house work or anything all is left on me can I do anything
answered on Dec 9, 2022
Hire an attorney to file an action for a Sale For Partition.
What happens with the partition during the redemption period of the delinquent tax sale?
answered on Dec 6, 2022
Any Partition Action will be subject to the Tax Sale, which should have been part of the Partition Sale Order. Apparently the Partition Action is incomplete and erroneous. High tax bidder will ignore the Partition action.
How much do you think Insurance companies will settle out ??There were two other vehicles involved!
answered on Nov 22, 2022
I am very sorry to hear about your daughter.
As to our question: It’s unclear to me whether you went to probate court and the estate was set up (you were appointed as personal representative or not?). Assuming you were and there is insurance available it often does not take very long... Read more »
On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?
answered on Aug 22, 2022
You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... Read more »
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... Read 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... Read more »
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