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 
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
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
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
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
Property was sold with out notification to heirs living on the property
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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.
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?
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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.
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.
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.
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 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.
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 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.
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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.
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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... View More
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... View More
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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.
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.
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... View More
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... View More
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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.
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