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I have a Living Trust. The attorney who created the document almost 20 years ago no longer wants to be my Trustee, Power of Attorney and Healthcare Proxy. I’ve given this attorney over $12,000 through the last 20 years in changing details and in creating “Fourth Full Restatement of ...” of... View More 
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answered on May 31, 2024
You are going to need to hire an attorney to draft that Trust. It is complicated, but you probably do not need a SC licensed attorney. Most importantly, you need a new Trustee, which may be difficult to find. The new Trust should appoint the new Trustee, and you may need to revoke your prior... View More
My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day... View More
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answered on Apr 11, 2024
Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific... View More
Keep out of private and his estate. Has no money. No assets
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answered on Mar 21, 2024
Transferring a claim from your father's name to yours, especially under these circumstances, requires understanding and navigating specific legal procedures. It's important to know that claims related to Camp Lejeune involve federal law and may have particular guidelines for transfer or... View More
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answered on Mar 1, 2024
In South Carolina, the rights of a surviving spouse to heir property (property inherited by the deceased along with others, such as siblings) depend on several factors, including the presence of a will, the nature of the property ownership, and state laws on inheritance. If the deceased died... View More
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answered on Mar 1, 2024
If you're the spouse of a deceased person who was managing heir property, your rights to the property depend on several factors, including the laws of the state where the property is located, whether there was a will, and how the property was titled. Generally, spouses have certain rights to... View More
still living, with no will, how can they get the estate assigned to their names
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answered on Dec 5, 2023
Hire a competent SC attorney to search the title and determine heirship. An Affidavit of Heirship needs to be drafted and executed by an affiant with knowledge of the Family. Record the AH as the source of title for the present owners. Someone has to pay the taxes even though the other... View More
I am my aunt's durable financial power of attorney, and she is bedridden. I attempted to obtain a copy of her identification from the DMV on her behalf last week, but they said I couldn't do it. I have confirmed that my power of attorney document allows me to perform this task and have... View More
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answered on Apr 12, 2025
That sounds incredibly frustrating, especially when you're just trying to do the right thing for your aunt. Even though your durable power of attorney gives you authority to act on her behalf, the South Carolina DMV has its own internal policies that can sometimes be more restrictive. They... View More
My mother passed away last year, and her husband never filed the will. I know a local lawyer drafted the will, but he told me he couldn't legally give me a copy. My mother didn't discuss her wishes much, except that she wanted her husband on the house deed. I'm trying to see her will... View More
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answered on Apr 12, 2025
I'm really sorry you’re having to deal with this on top of losing your mother. In South Carolina, a will is not considered a public document unless it has been filed with the probate court. If probate hasn’t been opened, and the person holding the will—like the lawyer—isn’t legally... View More
My husband and I each have separate wills, and we would like to remove a beneficiary from them. Our attorney suggested rewriting the wills, but we recently had them done and are concerned about the cost. Is it possible to use a codicil to remove the beneficiary instead, so that if we change our... View More
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answered on Mar 29, 2025
You can use codicils to change wills, but they must be drafted and executed perfectly to be enforceable. A codicil's existence attracts a possible will contest. Follow your SC attorney's advice and draft and execute new wills, destroying the old wills.
My spouse recently passed away and did not leave a will or estate plan. I am the beneficiary of his retirement and incidental insurance policies. He has four children from previous relationships and no assets or debts. As his spouse, will I receive all of the assets from these insurance policies?
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answered on Mar 26, 2025
Usually such policies have designation of the beneficiaries, and such assets do not go to an estate nor the next of kin. You should make claims to all such policies if you are the beneficiary.
I was a close friend and caregiver to the decedent, who verbally expressed to me and his nieces that I was to remain in our home until my house, destroyed by Hurricane Helene, is rebuilt. He also mentioned I was to receive a share of the nieces' inheritance. Although this agreement was not in... View More
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answered on Mar 7, 2025
You have no right of possession. But you might make a claim for services against the Estate. To remove you, the administrator or the heirs must prosecute an unlawful detainer against you.
2.1. Igive and bequeath all my tangible personal property not otherwise disposed of to my children or whichever one or more survives me….
3.5.
To my spouse, if my spouse survives me.
If my spouse fails ot survive me, my Residuary Estate shall be divided into equal separate... View More
answered on Oct 15, 2024
Based on the limited information provided in your question, it appears that the estate should be divided between the surviving son and the children of the deceased son. The surviving son would get 50%, and if the two living daughters of the deceased son are the only issue of that son, they would... View More
2011 my father passed away 2 properties left to me in a life estate. mother lived there until 2015. I moved there 2015. the property taxes were behind. tax office told me I had to pay back taxes before I could put deed in my name couldn't afford to pay the back taxes ($8000 for 2015 &... View More
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answered on Nov 2, 2023
Property Taxes have nothing to do with the Title. Apparently you need to hire an attorney to search the title and determine record ownership. Usually the grantor makes one Deed conveying life estate(s) to someone, then either conveys a remainder estate to someone or retains it himself. There... View More
Mother is alive and lives on property, wants to lease part of it to a nonprofit,can that be done?
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answered on Nov 1, 2023
Is the Mother the Trustee? If so, then yes. Trustee makes these decisions in accordance with the Trust terms.
Went to probate then to bank said I may have to pay off.
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answered on Oct 18, 2023
In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More
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.
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
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.
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
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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