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South Carolina Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for South Carolina on
Q: I’m the spouse of deceased who was in charge of heir property?? Do I have any rights?
T. Augustus Claus
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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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2 Answers | Asked in Estate Planning and Probate for South Carolina on
Q: I’m the spouse of deceased who was in charge of heir property?? Do I have any rights?
James L. Arrasmith
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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

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1 Answer | Asked in Probate for South Carolina on
Q: My Mother's Will divided assets between my sister and I but my sister died before my mom. What happens to her portion.
T. Augustus Claus
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answered on Feb 6, 2024

In South Carolina, if a beneficiary named in a will dies before the testator (the person who made the will), the disposition of the deceased beneficiary's share depends on the specific terms of the will and state law. Typically, wills include provisions for what happens if a beneficiary... View More

1 Answer | Asked in Probate for South Carolina on
Q: I am an only child and my mother just passed away. She was married. No will. Bank account her name only. Help in SC prob

I haven't even been allowed to go through my mother's belongings. And I'm just needing some legal advice of what I can and can't do. I'm basically just wanting to make sure I get my great grandmother's handmade dishes thats been passed down that my mother told me she... View More

T. Augustus Claus
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answered on Feb 2, 2024

In South Carolina, when someone passes away without a will, their assets typically go through the probate process to determine how they should be distributed. As the deceased's only child, you may have rights to inherit a portion of your mother's estate under intestate succession laws,... View More

2 Answers | Asked in Probate for South Carolina on
Q: How does inheritance work? Probate closed and haven't received anything

My dad passed away a year ago. We recieved a letter for being listed in the will. My brother got a copy of the will were were listed a certain dollar amount ..probate has closed and we have recieved nothing. I don't know how it works or what we should do.

T. Augustus Claus
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answered on Jan 12, 2024

In South Carolina, the probate process involves the administration of a deceased person's estate, ensuring the distribution of assets according to their will or intestate succession laws if there's no will. If probate has been closed, it suggests that the assets were distributed as per... View More

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1 Answer | Asked in Family Law, Wrongful Death and Probate for South Carolina on
Q: How do I get my deceased father's medical records in Anderson sc.
Roy Willey
Roy Willey
answered on Dec 18, 2023

You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More

1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

T. Augustus Claus
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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

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can the executor sell a house without being on the deed, or would I have to distribute the deed through probate first?

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.

T. Augustus Claus
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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

1 Answer | Asked in Probate for South Carolina on
Q: South Carolina Probate - Could this case be declared void for lack of jurisdiction?

SC law regarding venue for probate requires it be in the county where the decedent was domiciled at the time of her death, and if she was not living in the state, then in the county where her property was located at the time of her death. The Decedent's death certificate states she was a... View More

Anthony M. Avery
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answered on Sep 18, 2023

Your motion to remove the fiduciary for cause, and possible dismissal for lack of subject matter jurisdiction, is very late. If no property has been distributed yet, then file the motions. A SC Court cannot directly transfer property in VA, but an ancillary probate in VA can. If there are... View More

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My brother passed away 11/5/2022. He did not have a Will.

He was not married and had no children. It is just me and my and my younger brother who lives in another state.

I am the Personal Representative. The younger brother has said he is fine with me getting everything. He will sign off to that as well. The house is paid for. I am taking care of... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

It depends on whether the probate court appointed you as an independent personal representative or a dependent personal representative. Your probate lawyer should explain these differences to you. Even if court approval is required, under the circumstances you describe it should be perfunctory.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My dad passed away Easter Day 2021 my mom just passed away May 28th 2023 they did not leave me as beneficiary

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

T. Augustus Claus
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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

1 Answer | Asked in Family Law, Elder Law, Probate and Real Estate Law for South Carolina on
Q: Do I have any kind of legal rights to family property that I do not own if I have proof of residence for 20 plus years?

I am the person's granddaughter but what happened was the property was in my grandmother's name she had dementia back in 2018 or 19 and my uncle came and had her sign the property to him I was told all my life that I would inherit my portion of the property up until last year and then my... View More

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

In situations like this, property ownership and rights can be complex and depend on various factors, including the specific laws of your jurisdiction and the documentation involved.

If your grandmother had dementia at the time she signed the property over to your uncle, it could potentially...
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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Probate for South Carolina on
Q: What Federal law allows an Executor of Estate as the only Trustee the court right to sell inherited [mortgage]?

Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 14, 2023

Despite the express wording of Section 506 of the Bankruptcy Code, the US Supreme Court has ruled that there is no "cram-down" of secured claims in a Chapter 7 case, and the provisions of Ch. 13 likewise prohibit a "short sale" of mortgaged property where the holder of the first... View More

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1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: How does my mother get my deceased father’s property in her name if he didn’t have a will?

My dad passed away 3 months ago- intestate- and is survived by my mother (his wife), my 2 brothers, and myself. His name is the only one listed as property owner for the family house & land. What do we need to do to keep the property in the family? And will it be put in just my mother’s name... View More

Anthony M. Avery
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answered on Feb 20, 2023

Hire a competent SC attorney to search the title, determine heirship, draft an Affidavit of Heirship, and draft a deed from various Heirs to the one Heir which they agree for him to own individually. If multiple Heirs will be tenants in common, someone has to pay taxes and insurance.

1 Answer | Asked in Probate for South Carolina on
Q: ]See below as this box stops mid word in typing process.

Above box was not working. In SC probate law, how long does a complaining plaintiff have to serve a defendant the summons he has submitted to the court? Plaintiff filed complaint one week before ten year deadline with falsified information being given to the court. Defendant was original named... View More

Anthony M. Avery
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answered on Feb 15, 2023

Defendant needs a competent SC attorney to file Motion To Dismiss for the SOL, lack of Service, Summons not reissued in a timely manner, etc. This is not the kind of Case to represent yourself as there could a large Judgment By Default, which you would not know about until too late to appeal or... View More

2 Answers | Asked in Foreclosure and Probate for South Carolina on
Q: My mom died intestate and no creditors filed a claim, 4 yrs later a foreclosure was filed. Does the 1 yr bar apply?
D. Nathan Davis
D. Nathan Davis
answered on Dec 16, 2022

If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor.

Be sure to have a lawyer look at the mortgage and the...
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1 Answer | Asked in Family Law, Real Estate Law, Tax Law and Probate for South Carolina on
Q: Ex and I are JTROS on our paid for home. Partition default judgement months ago, but delinquent tax sale does what to us

What happens with the partition during the redemption period of the delinquent tax sale?

Anthony M. Avery
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answered on Dec 6, 2022

Any Partition Action will be subject to the Tax Sale, which should have been part of the Partition Sale Order. Apparently the Partition Action is incomplete and erroneous. High tax bidder will ignore the Partition action.

2 Answers | Asked in Personal Injury and Probate for South Carolina on
Q: My Mom Killed My Daughter In Car Accident I Had probate court In oct.its been a year what's taking so long too proceed?!

How much do you think Insurance companies will settle out ??There were two other vehicles involved!

Roy Willey
Roy Willey
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...
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1 Answer | Asked in Probate for South Carolina on
Q: Can someone sue when there is no will

Within probate and non relatives are threatening the son of deceased

Anthony M. Avery
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answered on Jun 10, 2024

Heirs and Next of Kin have standing to sue about issues concerning their interests in a Decedent's properties.

1 Answer | Asked in Probate for South Carolina on
Q: can i purchase real property from a closed probate estate?

The property in question is in the deceased's name who died ten years ago. She only had one heir listed in her probate case who was also her personal representative. Her parents were deceased and no other relatives (if any) could be found. The case was closed due to inactivity because the PR... View More

Anthony M. Avery
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answered on Apr 10, 2024

Hire a SC attorney that knows real property to search the title and determine heirship. Then make offers to each heir for their quit claim deed to you. Who is paying the taxes? If noone, there may be a tax sale or a foreclosure sale.

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