How much do you think Insurance companies will settle out ??There were two other vehicles involved!
answered on Nov 22, 2022
You should have your lawyer explain this. If you do not have counsel, you should retain one for representation. Good luck.
How much do you think Insurance companies will settle out ??There were two other vehicles involved!
answered on Nov 22, 2022
I am very sorry to hear about your daughter.
As to our question: It’s unclear to me whether you went to probate court and the estate was set up (you were appointed as personal representative or not?). Assuming you were and there is insurance available it often does not take very long... Read more »
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?
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 »
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 »
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 »
Sold all his personal property worth 116,000 dollars. How do I get it back. The estate has not been through probate yet
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 »
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.
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.
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 »
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?
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.
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 »
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.
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.
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... Read more »
Is that considered elder abuse?
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.
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 »
answered on Jul 28, 2021
The sentence you quoted leaves everything to her husband if he survives her by at least 120 days.
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?
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 »
Will I be jeopardizing my rights for keeping the real property and personal property by signing a quitclaim deed. I’m pay the mortgage.
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 »
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 »
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.
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
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 »
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 »
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 »
answered on May 14, 2021
You may wish to hire an attorney to look into a will contest.
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
