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South Carolina Estate Planning Questions & Answers
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
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
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 »

1 Answer | Asked in Estate Planning for South Carolina on
Q: I've a 56 yrs old sibling who stays in the house with my Mom.Our Mom indicated in her Will all assets from the sale of

the home are to be divided equally among her children which is fine. The sibling that stays with her is very irresponsible, never helped her pay the mortgage and we know he will not be able to maintain the house by himself if she dies. He has a girlfriend; the family does not approve and know she... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

In her will you mother can require that the house be sold and the proceeds split rather than leave the house to her children in equal shares. She can also name one child as the executor who, after being appointed by the court, will have sole responsibility to manage and effectuate the sale.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: I was living with my boyfriend for 9 years in his home when he passed in Feb, 2020. He paid the mortgage.

His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 18, 2020

The surviving spouse has no right to anything that is yours.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My mother passed away 4 years ago, 3 months ago my stepfather has finally opened her estate. What does this mean?

I know my mother left me some property in her will but I haven't heard anything about it since she passed. Do I still get to receive it?

Taylor Silver
Taylor Silver answered on Jun 13, 2020

You should not make assumptions. However, if you assume the will was filed and valid, and that the estate can otherwise afford to pay all valid liens and judgements, that the deceased had valid legal title to the property, and that your step father follows the law and directions in the will... You... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: I'm told im not an interest in my dad's estate did he make that decision or does the person who is appointed??

My stepmother turned in a will from 1990 giving her the power to make all decisions I know my dad would not remove me as a beneficiary

Taylor Silver
Taylor Silver answered on Jun 13, 2020

Executors if estates have a legal obligation to follow the directives of a valid will, if one exists. SC Probate Court files are public, in general, so you should be able to get a copy of the filed will from the court where the estate is opened.

If you want answers and explanations about...
Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can I be made to move out of a place that I have been living there for the last 6 to 7 years while my grandparents proba

Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 7, 2020

You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: my father passed and i moved in house and have been paying all the bills.want to rehab property.

siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?

I would recommend that you call and speak to a probate...
Read more »

1 Answer | Asked in Estate Planning and Elder Law for South Carolina on
Q: Is it legal to gift/give 14k to my grandchildren and put in a CD and be the custodian, any paperwork required?

I want to lower my tax interest and still remain in control of monies. Can this be done by just putting CD in their SS#?

Nina Whitehurst
Nina Whitehurst answered on Mar 2, 2020

Take a look at opening 529 accounts for them for education purposes or a regular old Uniform Gift to Minors Act (UGMA) accounts at a bank or brokerage. More information here:

https://www.cumberlandlegacylaw.com/how-to-gift-money-to-children-using-utma-or-ugma-accounts

1 Answer | Asked in Estate Planning for South Carolina on
Q: Can a dad disown all of his female children(3) and leave his entire estate (Land) to a son from a second marriage?

The State is South Carolina

Nina Whitehurst
Nina Whitehurst answered on Mar 1, 2020

In a word, yes, that is his prerogative. Inheritance is not an entitlement.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father passed away in June of 2016. My mother was left everything with

Everything with my sister as executor in case my mom was incapacitated. My sister was arrested for not reporting the abuse of my mom by the men she hired.

My mom was put in protective custody. Since then my sister has not paid the taxes on a duplex my father owned. She has also sold my... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 21, 2020

This was posted as a family law question, but it's actually a probate court issue. You can petition the probate court to be appointed substitute executor, if the probate case is still open. You can also petition the probate court to get guardianship over your mother. You need to consult with a... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My mother passed away January 6, 2017. My sister is executor but she is not doing the job. How can I take over?

The will is straight forward. Pay the bills, divide anything remaining among living children. If child has died divide his portion among his children. Very small estate. My mom's house needs to be sold, but my sister's daughter is living there.

Nina Whitehurst
Nina Whitehurst answered on Feb 19, 2020

Hire a probate attorney in your area to help you petition the court to remove your sister as executor and appoint you (or someone else that you trust) as executor.

1 Answer | Asked in Estate Planning for South Carolina on
Q: My mother diedy and I just found out she was not legally married to the man she lived with in sc the man took

He took everything of hers she had no will and nothing was probate now he has passed and he had no will his son is now taking my mom's stuff

Nina Whitehurst
Nina Whitehurst answered on Feb 6, 2020

You need to hire an attorney to help you probate your mother’s estate. Once the court appoints an executor, the executor can make a claim against the boyfriend’s estate to get your mother’s property back.

1 Answer | Asked in Estate Planning for South Carolina on
Q: there is a will but family members refuse to show the originl will or let it be seen l by family and is not execut
Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

A will that is not executed (signed) is not valid. When that happens the decedent is said to have died “intestate” which means without a will.

1 Answer | Asked in Estate Planning for South Carolina on
Q: Once the settlor of a revocable trust has passed away, should the beneficiary (trustee) rework the trust ?

Can a lien be put on an irrevocable trust?

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

A revocable living trust becomes irrevocable when the settlor dies, so it cannot be amended absent a court order or a trust protector named in the trust.

When the settlor dies, the successor trustee should hire an attorney to assist the successor trustee with a process known as "trust...
Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: Can an irrevocable trust be abolished to make the trustee of that trust a settlor since the settlor is deceased?

Also can a lien be placed on a piece of property which is owned by an irrevocable trust?

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

A lien can be placed on a piece of property owned by an irrevocable trust IF AND ONLY IF the trustee of that trust voluntarily grants the lien (such as a mortgage) or a judgement is obtained against the trust and it is recorded in the local land records. There are a few other instances where a... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: What administrative procedures, if any, are required for closing a Third Party Special Needs Trust.

The primary beneficiary for which the trust was established is deceased. All debts and liens against the trust are satisfied. The trust directs distribution of assets to four remaining beneficiaries and all assets have been distributed according to the trust's instructions to them.

Nina Whitehurst
Nina Whitehurst answered on Jan 6, 2020

Normally you would get a receipt for final distribution and acceptance of final account from each of the ultimate beneficiaries and arrange for the filing of the trust's final tax return and close any trust bank accounts that had been opened.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father past away my sister lied to me and said everything went to the X wife . But it didn't I didn't find out months

She got his truck and gave his trailer to our aunt ..

Ryan D Templeton
Ryan D Templeton answered on Dec 14, 2019

You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.

1 Answer | Asked in Estate Planning for South Carolina on
Q: My dad passed away it was on will that everything be left to me he had a friend said dad gave him car 2 months ago

he already transfer title my dad said he was leaving to my son

Nina Whitehurst
Nina Whitehurst answered on Dec 12, 2019

If your dad transferred the car during his lifetime, then it is no longer part of his probate estate and, therefore, it is not governed by his will. This is especially true if your dad gave the car away or sold it for cash during his lifetime.

In rare cases, such as a sale of a car on...
Read more »

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