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South Carolina Probate Questions & Answers
0 Answers | Asked in Estate Planning and Probate for South Carolina on
Q: As estate administrator in NC, I made an error with my fathers court approved inventory. I left out $25.02 from

A savings account. It is now time for the final inventory. Do I simply use the correct amount on the final form or do I need to file an amended initial inventory?

0 Answers | Asked in Probate for South Carolina on
Q: Can Someone other than Next of kin File Probate
1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: On a deed there's a notation saying that 2 other people didn't sign the deed but are listed as heirs. Explain please.

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?

Anthony M. Avery
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Anthony M. Avery
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 »

1 Answer | Asked in Family Law, Estate Planning and Probate for South Carolina on
Q: My father left me all his belongings in his Will. How do I get his stuff from his girlfriends house, car etc legally.

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 »

Erik Špila
Erik Špila
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 »

1 Answer | Asked in Probate for South Carolina on
Q: My son passed away in December of 2021. I am the administrator over the estate. My daughter has sold all of his persona

Sold all his personal property worth 116,000 dollars. How do I get it back. The estate has not been through probate yet

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

That is a terrible situation. I am sorry to hear you are going through this. Unfortunately, you probably cannot get the personal property back from any of the buyers unless you can find them and can prove that they knew or should have known that your daughter did not have authority to sell the... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can executor retain property that was sold prior to death, that was never in deceased name, as marital property.

I have bill of sale for property contents were owned my me, which executor said I forged however court found me not guilty.

Executor stated he had property in side outside storage building but does not.

Hes basically stolen my livelihood using probate court.

Anthony M. Avery
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Anthony M. Avery
answered on May 10, 2022

It appears that you have already lost your Case. You might hire an attorney to file an Appeal, but you must act quickly, and the personal property may not be worth it.

1 Answer | Asked in Foreclosure and Probate for South Carolina on
Q: Can a bank foreclose on a property after the person has been dead for a few years without filing with the probate court
Nina Whitehurst
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Nina Whitehurst
answered on Apr 18, 2022

The devil is in the details, of course, but as a general rule, yes, a lender may foreclose its lien without having to go through probate court. The promissory note may no longer be enforceable against the decedent’s estate, depending on the statute of limitation for claims of decedents in your... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law, Family Law and Probate for South Carolina on
Q: Can a homeowner file Chapt 7 the day before his home is auctioned off at the courthouse?

The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?

Timothy Denison
Timothy Denison
answered on Apr 5, 2022

Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.

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1 Answer | Asked in Probate for South Carolina on
Q: My mother has passed her house still has a mortgage. Is that considered part of her estate
Anthony M. Avery
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Anthony M. Avery
answered on Nov 24, 2021

If Mother was the titled owner, and no Will is Probated with a Devise of it, the real property is owned by her Heirs at her death. It, the property only, is subject to the Mortgage Lien. Taxes and Insurance still have to be also paid, or the Heirs will lose it. Hire a competent SC to determine... Read more »

1 Answer | Asked in Collections, Probate and Small Claims for South Carolina on
Q: A creditor was granted a judgement against myself as a former personal representative of my mother's closed estate.

How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.

Anthony M. Avery
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Anthony M. Avery
answered on Oct 8, 2021

Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can a married man who has been married to his only wife for 60+ years in his will give 100% to theirchildren an not her?

Doesn't the wife already own 50%? Why does she only get a lifetime right on the house? The wife says she had no knowledge of what the will said before his death.

Taylor Silver
Taylor Silver
answered on Sep 7, 2021

Provided there is no question that the two were married, at the very least she is likely entitled something called an "elective share" and there may be other issues that protect her interest to probate (or non probate) property.

Probate issues are often complicated looking, but a...
Read more »

2 Answers | Asked in Probate for South Carolina on
Q: Is it illegal to get someone to sign a dual power of attorney if the person has dementia when they already have poa?

Is that considered elder abuse?

Nina Whitehurst
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Nina Whitehurst
answered on Jul 29, 2021

A POA given by someone who lacked sufficient mental capacity when it was signed is invalid. Unfortunately, the challenger must prove the lack of capacity. Yes, coercing an elder who lacks capacity to sign a document that has legal significance is elder abuse.

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1 Answer | Asked in Probate for South Carolina on
Q: Can someone help me figure out my Mom's will? Some things just don't make sense.

First off the will was typed on a typewriter from 1984, but it does have a proper notary seal.

Second, it opens up by saying she is a legal resident of Texas, but she had been a resident of South Carolina for over 25 years. This was written up when she and my father were still in the Air... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jul 28, 2021

The sentence you quoted leaves everything to her husband if he survives her by at least 120 days.

1 Answer | Asked in Probate for South Carolina on
Q: How would I find out if my deceased father co-ownership of his property was tenant of common or Joint tenant.

Can stepmom get reimbursed for the funds she put into my dad’s property ( the property he owned before marriage) during probate, although she’s getting most of everything? Leaving my brother and I with barely nothing. How can I contest that?

Anthony M. Avery
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Anthony M. Avery
answered on Jun 30, 2021

As to land, you must read the Deed and determine the exact Estate. You may need to perform a title search. If death did not extinguish your Father's interest, the land will go to his heirs at law, which would include a surviving spouse if one, at his death. If there is a Probate, the land... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: What exactly does a quitclaim deed ?

Will I be jeopardizing my rights for keeping the real property and personal property by signing a quitclaim deed. I’m pay the mortgage.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 26, 2021

A person signing a quitclaim deeds gives up all of his or her rights in the subject property, if any. Put another way, yes, the person signing the quitclaim deed gives up all right for keeping the real property that is the subject of the quitclaim deed. Quitclaim deeds to do not convey personal... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: How can I find out who can do an inventory and appraisement for land in South Carolina?

I am doing probate for my nephews land and trailer in SC. Rather difficult to find who will do the inventory and appraisement as I live in Virginia. I have the form to file with the court. There is no one in SC to do this. Probate has already started. I've received letter of appointment.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 17, 2021

If you are issued Letters of Administration, then you have the authority and legal duty to marshal up assets of the Estate yourself. If you do not, then you will probably be removed. Talk to a competent attorney as Probate may not be needed or someone else might need to be the Administrator.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: The deed has our deceased mother's name at the beginning, and heir's and at the very end it says forever.

With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children

Nina Whitehurst
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Nina Whitehurst
answered on May 30, 2021

You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: My brother died and left a truck and boat registered in his name only. Do they have sit there until probate over?

My brother died and left a truck and boat registered in his name only. They are not listed in the will, but everything goes to his wife. No one is contesting. No major debts. Can his widow move them and have them repaired now or does she have to leave them sitting in the yard until probate is over?... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 27, 2021

The biggest issue is insurance. What happens if they are involved in an accident in the process of moving them? Your brother's widow should call the insurance company and report her husband's death and ask that the insurance be changed to reflect that they are now owned by your... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: What to do when public record shows an invalid grant of informal probate of a revoked will
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 14, 2021

You may wish to hire an attorney to look into a will contest.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: If a person have joint tenant with the right of survivorship in SC when will does it comes effect? before death or after

My grandmother deeded the land to multiply people under survivorship joint tenant in SC before my my grandfather death is that legal. An my grandfather didn't signed the deeds either to the people she deeded the land to. An what are the consequences behind her doing this if it was illegal. Can... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 7, 2021

She can convey her interest in the property. Assuming the grandparents own the property as husband and wife, then if she survives her husband, the conveyance vests. If not, then the conveyance is extinguished. It is a future interest conveyance, and very legal.

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