If you have any evidence of that promise you can make a claim against the estate. You should hire an attorney right away to assist you. There are deadlines for doing this and they are short and strict.
It depends on how title was held by husband and wife. If they held as tenants in common then, no, the husband's share needs to be probated. If it was held as joint tenants with right of survivorship or tenants by the entirety then, yes, wife is now the sole owner.
The property the house sits on is 2 acres. One is my biological fathers that I bought from my grandparents. Due to my father not being able to have any estate through SC. So it was in the deed to the house. Due to my grandparents staying I could stay there after there passing. For taking car of... Read more »
Hire a probate litigation attorney to file a claim for you in the probate for breach of contract. Do not delay. There are very short deadlines for this. It is possible that the deadline has passed, but you won’t know without consulting with an attorney
My grandfather passed away last July. His daughter came in after he passed away. After I aged out of foster care. My grandparents took me in to finish high school. I tooK care of him and my grandmother before passing in 2014 since 2011. As still took care of him until his passing. I joined the... Read more »
Unfortunately unless there is a will stating that you may stay in the house the personal representative of the estate has the authority to force you to move out of the home and distribute it according to the will or statute if there is no will.
The personal representative of your fathers estate is the person has the authority to sell the house if it is still in probate. If it has been transferred to the children already it depends on what the deed says.
You need to QUICKLY hire a will contest attorney to represent your interests in the probate. Do not delay. There are very tight deadlines. If you wait too long you will lose all rights to contest the will.
He has never been married. My brother and I were not raised together we have different mothers. He is 11 years older than me. Alot of my father family don't know me. My brother was the only child mentioned in the obituary. Can I claim any of his estate?
The answer to your question depends a lot on whether or not your father had a will and, if he did, what is says. If he did not have a will then, yes, you can claim part of his estate, but you can't wait forever to do it. Hire a probate attorney in the area where your father had lived to see if a...Read more »
The estate has been distributed out, but the land was needing to be deeded in his name, which was a major part of his third. Well, the estate has closed, but he never received his deed before it closed. He has tried to contact the executor, but she says she’s no longer the PA and he can contact... Read more »
If South Carolina is the appropriate jurisdiction in which to probate your Father's Estate, you need to talk to a local attorney immediately. While I cannot comment on your specific situation given the amount of unknown information, it is possible to have Wills or Codicils set aside due to the...Read more »
It really depends on the will. It also depends on when the other beneficiary died. Did they die before your mother or after? If the will does not specify, then usually the other beneficiary's heirs will inherit their share. But it 100% depends on the language used in the will.
She didn't have a will and he wants it solely in his name, does he need to go through probate court and get a lawyer? Or is this something he can do himself. only surviving daughter isn't wanting the property
He may not need to do anything. It depends on how they held title. If the Deed provides that dad and sister owned the property as "joint tenants with right of survivorship", then he became the sole owner by law when she died. There would be nothing to probate and no need to change title. If the...Read more »
Probably not. Most states have "small estate affidavits" (these documents go by many names) that permit the heirs to swear under oath as to the death of their ancestor (with a copy of the death certificate), the identity and location of the heirs, and other information. Banks, title agencies, and...Read more »
Yes, you can definitely refuse to be the representative of your father's estate. No one can force you to take on this responsibility. The job entails a great number of responsibilities, where you can be held liable if not completed correctly.
If you decline the job or resign after serving...Read more »
Dad passed away last year and mom is living in the house they both paid for. There is no mortgage or lien against the home. All of my siblings received a form for quitclaim deed. What is quitclaim and why would we receive this? Does the house my mom and dad paid for not belong to her? What... Read more »
My biological nephew was adopted out when he was a baby and his adopted parents have passed away, most recently his adopted dad and he was told that his father was going to leave him 20% of the Will and a couple of weeks ago he was told he's getting nothing and we smell a snake in the grass. He is... Read more »
Attorneys are not permitted to solicit business on this forum. I am certain there is an attorney in South Carolina that is right for you, but you are going to have to put in the work to find them. Check out the directory on this website and find some attorneys that practice in the area you are...Read more »
You do not need an original deed to real estate, all properly recorded deeds are on file with the Register of Deeds Office (sometimes called Register of Mesne Conveyances) for every County in the State of South Carolina. Go to the Register of Deeds office for your local County Government and they...Read more »
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