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South Carolina Estate Planning Questions & Answers
1 Answer | Asked in Divorce, Estate Planning, Family Law and Military Law for South Carolina on
Q: In SC I am a military member, my spouse is smoking pot illegally and harassing me with it because he knows I can't smoke

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... Read more »

Megan Hunt Dell
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Megan Hunt Dell
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.

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 Consumer Law, Estate Planning, Real Estate Law and Tax Law for South Carolina on
Q: Is it possible to reverse a sale of a delinquent tax sale of a dead person's property(unnotified heirs)

Property was sold with out notification to heirs living on the property

Anthony M. Avery
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Anthony M. Avery
answered on Jul 18, 2022

Consult with a competent SC attorney to exercise your Redemption Rights quickly if you still have them. Time is of the essence. It will take money, or forget it as someone should have paid those Taxes.

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 Estate Planning and Real Estate Law for South Carolina on
Q: My partner is an executor of his father’s estate, which has a mortgage being paid by grandparents.

His grandfather is paying a mortgage on the house my partner inherited, and he is threatening to foreclose on the home. What rights does my partner have? Will we be forced into homelessness with no further say in the matter?

Anthony M. Avery
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Anthony M. Avery
answered on May 2, 2022

Whoever owns the mortgage is the one the that can foreclose. If the notemaker buys the note, then he can foreclose. It sounds like he is threatening to quit paying the note. Being the executor probably has no relevancy here.

1 Answer | Asked in Estate Planning for South Carolina on
Q: How do I start an LLC which is for a Trust I am going to setup?
Nina Whitehurst
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Nina Whitehurst
answered on Dec 28, 2021

The BEST advice that any attorney can give you is to hire an attorney to help you do this the right way. Too many times people try to do this themselves in an attempt to save money and mess it up so badly that is costs MORE to fix the problems than it would have cost had they hired an attorney at... Read more »

1 Answer | Asked in Consumer Law, Estate Planning, Land Use & Zoning and Real Estate Law for South Carolina on
Q: can you QuitClaim Deed property to Trust? & if the lender wants pay-in-full but you have nothing else of value left...

what happens when you do a QuitClaim Deed of property over to a Private Common Law Irrevocable Ecclesiastic Trust? If the person’s name is on the recorded Deed as owner… meaning legal owner of the property, having a legal interest in the property referring to the right to possess or use... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 15, 2021

Transferring property to a trust does not magically remove security interests. If the loan goes into default due to lack of payment, the lender may foreclose its lien.

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 »

1 Answer | Asked in Estate Planning for South Carolina on
Q: My Aunt recently committed suicide after selling her house. She had no will and left no note

She just sold her house in in NC and moved in with my Dad(her brother) in SC. I had been talking to her a lot recently and she had told me several times she felt like something was going to happen to her and she didn't want my dad to have her money. Being she has no surviving spouse, parents... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jul 30, 2021

If the facts you related are true, there is nothing you can do. Her husband will inherit. The only exception would be if you can prove that she did not kill herself; rather, her husband killed her. If he killed her, then he does not inherit.

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: How to change the name on a real estate deed of owner passed away over 25 years ago?

Hi, my question is in reference to a home that was given to me by my aunt before she died. The original name on the deed is my uncle who has been deceased for about 25 years. His wife gave me the home before she died about 15 years ago. I have lived in the house since then. Their children all live... Read more »

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

Hire a competent attorney to search the title, determine heirship, draft and record an Affidavit of Heirship, then draft a Deed for the other tenants in common to convey their interests over to you.

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
PREMIUM
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 Estate Planning and Tax Law for South Carolina on
Q: My daughter died at age 35 in Florida, 401K left to dead Grandmother, Grandad still alive. Does it go to him or estate?

They were married at her death and he was her beneficiary of life insurance in SC.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
answered on May 19, 2021

Any account or life insurance that has a beneficiary goes directly to beneficiary outside of a probate. You didn't mention if she owned Florida real estate or if she had a will. Different rules would apply for intestate or homestead property.

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
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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.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My mother passed and left me 50% of the property. She gave her sister the other 50 with the intent of sharing 25% with m

My sister has taken over the house. Is that legal?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 22, 2021

I suspect that the real property actually went to the Heirs which would include you and your sister, as it appears no Will was Probated. But whatever the case, a title search is necessary and you may wish to file an Action for a Sale for Partition if both you, the sister and the aunt own the real... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: Should my 2 sisters and I sign a renunciation of rights for our step-mom to take over probate? Can she sell the house?

There are 3 daughters from previous marriage. Step mom is not on the title so probate says we are the heirs. Step mom wants us to sign renucation of right to administration of bond.

we want her to stay as long as she wants/lives obviously but we don't want her to be able to sell it.... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 21, 2021

You should hire your own attorney to represent you and your interests in the matter. Don’t sign anything without having your attorney review if first. No attorney in this forum can give you personalized advupice without reviewing all of the relevant documents and your particular circumstances.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: I was willed a piece of lane along with 5 of my uncles who have all died im last living owner none left a will.

Do heirs have more rights than i do what rights do claimed heirs have. To property i am last living owner. And its a bit of confusion do they have same rights as i do whats the difference

Evan Guthrie
Evan Guthrie
answered on Dec 9, 2020

This may depend on how long it has been since the deceased person passed away and if the others named in the will or related persons of the deceased survived the deceased person. A probate lawyer can help determine how to best proceed in what is most likely a Determination of Heirs situation.

1 Answer | Asked in Estate Planning for South Carolina on
Q: I have a judgement against me to the tune of around $13,000. My husband and I both have a will.

If my husband dies before me, will the judgement become due after the transfer of assets to me? Also, will a irrevocable trust be advisable to keep all creditors and judgement at bay? I am the one with a judgement. My husband would do the trust by himself with me as beneficiary, hopefully to avoid... Read more »

Ben F Meek III
Ben F Meek III
answered on Nov 9, 2020

The judgment is due now. The judgment may grow dormant or become unenforceable over time if the judgment creditor does not keep it alive by taking certain steps, such as, for example, issuing an execution or garnishment every so often. Joint bank accounts with your husband may be vulnerable now... Read more »

1 Answer | Asked in Estate Planning and Family Law for South Carolina on
Q: As a beneficiary in SC am I entitled to see the will if I am not an executor?

my older 3 siblings are executors I am youngest

Ryan D Templeton
Ryan D Templeton
answered on Sep 3, 2020

In South Carolina the original will should be filed with the probate court with in 30 days of the decedent's death. If the will has been filed, as a beneficiary of the will you should be able to review the will at the local probate court.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: How to get a clean title?

7 adult siblings were deeded the home house (1/7th interest each). 2 have died with nothing to probate so probate was not filed for them.

Home house is now in foreclosure. Bank has approved short sale. 1 of the deceased (in 2016) has 2 heirs and the other deceased (in 2020) has 5 heirs.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 19, 2020

A competent attorney can draft and record an Affidavit of Heirship which discloses to the world who the Heirs-At-Law are. I am not following your foreclosure process: are the Heirs selling the home with the money going to the Bank with no foreclosure? If true, then the Affidavit will be... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: Can you fund a Revocable Trust with only a house listed as an asset? Can you avoid Probate by doing this?

What is the best way to protect bank accounts that is used regularly and you don't want to include it in a Trust?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 23, 2020

Funding a revocable trust with only the house as an asset will avoid probate as to the house. If your goal is to avoid probate altogether, then a non-probate transfer method should be engaged for each and every asset. For bank accounts, another option is to designate death beneficiaries. This is... Read more »

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