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?
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.
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.
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 »
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 »
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?
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 »
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 »
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
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 »
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 »
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 »
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.
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 »
My brother passed away and had no will. He jointly owned property with his ex-girlfriend who keeps giving away his assets instead of using them to pay his debts and reimburse my sisters and I for funeral costs. Can opening probate prevent her from doing anything else?
You can open probate and you should. Once you are appointed as the administrator of your brother's estate you will have the legal authority to demand the return of property that has been stolen from his estate.
Obviously not. Talk to your Clerk's Office about the titles. An Affidavit of Heirship should establish who his Next Of Kin was if needed. Probate is a long, expensive process, and two cars do not justify it.
Not sure of your question, but unless the Will is Probated, it has no effect. Without the Will, the Mothers heirs at law are the owners as tenants in common. In a Partition Action, you might get reimbursed for taxes, expenses, etc.
My mother passed away some years ago and left me and my brother a house behind . so my little brother took over the house. Now that he passed away his children is trying to take over the house. So who has the rights to Inherited the house .
You will need an attorney to conduct a title search, then determine heriship. He should draft and record an Affidavit of Heirship as the source of title notice to the world who the heirs are. Then the heirs need to pay
taxes, insurance, etc. unless they agree to sell. A partition...Read more »
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