The person in question is a 25-year-old who is under the legal adult guardianship of abusive, controlling parents. The guardianship was filed in SC, but the person and their parents are living in MD. The parents have taken the person's phone and control of their money, they have no privacy and... Read more »
I do not practice in South Carolina, so I would recommend along this question to those who are. With that disclaimer, I believe what you will find is that you will need to petition the Court in SC for a modification of the guardianship. You SHOULD have standing as an interested person to challenge... Read more »
7 adult siblings were deeded the home house (1/7th interest each). 2 have died with nothing to probate so probate was not filed for them.
Home house is now in foreclosure. Bank has approved short sale. 1 of the deceased (in 2016) has 2 heirs and the other deceased (in 2020) has 5 heirs.... Read more »
A competent attorney can draft and record an Affidavit of Heirship which discloses to the world who the Heirs-At-Law are. I am not following your foreclosure process: are the Heirs selling the home with the money going to the Bank with no foreclosure? If true, then the Affidavit will be... Read more »
His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is... Read more »
The surviving spouse has no right to anything that is yours.
I haven't had to changed over yet. Can I still have it changed to my name?
You should have no problem getting the Certificate of Title for the Mobile Home registered in your name. However that has nothing to do with the real property where it sits. Did your Mother own the land? You may wish to hire a competent attorney to search the title and file an Affidavit of... Read more »
I know my mother left me some property in her will but I haven't heard anything about it since she passed. Do I still get to receive it?
You should not make assumptions. However, if you assume the will was filed and valid, and that the estate can otherwise afford to pay all valid liens and judgements, that the deceased had valid legal title to the property, and that your step father follows the law and directions in the will... You... Read more »
My stepmother turned in a will from 1990 giving her the power to make all decisions I know my dad would not remove me as a beneficiary
Executors if estates have a legal obligation to follow the directives of a valid will, if one exists. SC Probate Court files are public, in general, so you should be able to get a copy of the filed will from the court where the estate is opened.
If you want answers and explanations about... Read more »
My sister passed away recently, leaving all of her estate including her half of our parents home to her husband. We were in process of selling the home. Can we still sell the home or do we have to wait until probate is over?
If your sister was a party to the contract to sell the home, then her estate is now a party to the contract to sell the home. Contract a probate attorney right away to help you get someone (perhaps yourself or your sister's husband) appointed as executor of your sister's estate with... Read more »
On the the will??? Or should I wait till I get my money from the will?
Your name can be changed by following the statutory procedure for name changes in your state. If you are the beneficiary of an estate, you do not have to wait until the estate is settled to change your name. Once the name change is complete, however, be sure to provide a copy of the decree to... Read more »
We continue to reside at the residence but the estate is still in his name. We never went through probate court because we aren't familiar with the process. What do we do?
The easiest and most reliable way to get started is to hire a probate attorney in your area. That is what they do day in and day out. Click "Find a Lawyer" above.
My father inherited land, which he sold in 2017 but did not pay the tax at the time of sale. The IRS charged these taxes in 2018, which my parents were paying at $200/month. There is still over $3,000 owing. My father died in April 2019. Is my mother still responsible for paying this tax?
It's going to depend based on filing status,potential innocent spouse defense, and possibly other factors.
Short answer is it depends. You should retain counsel to review the matter and deal with the IRS directly to challenge the tax assessed or work out a plan to resolve the amounts owed.
Mom formed an LLC with her 3 children as owners i guess it was. One daughter was removed off of her per her own request. That left a brother and myself on it. My mother and I fell out and didnt speak for 3 years. At the time there was approx $90000.00 in an account. Mom did this because she had... Read more »
There is nothing to prevent you from opening a probate and petitioning the court to appoint you as the administrator of your mother's estate. Once you are appointed you will have the authority and obligation to gather all of her assets and then distribute them either according to the terms of... Read more »
Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still... Read more »
You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.
siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...
You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?
I would recommend that you call and speak to a probate... Read more »
My brother and sister are the executors for my fathers date.. They elected to pay a lawyer because they were asked questions about the finances. It’s been over a year and no final accounting and they continue to file extensions. Now the lawyer is ill in the ICU and brother says they can not-... Read more »
I am not licensed in SC, but I am licensed in six other states, and that would not ring true in any of them. If you want to fire your existing, incapacitated attorney and hire a healthy, upright attorney, I believe you can, and you should, of course.
My fiance's mother died a little over a year ago. She had a will, which gave her land to her granddaughter and made granddaughters husband executor. Executor is supposed to sell "mom's" house, car, tractor and all property in the house then split the proceeds between my fiance... Read more »
You can file a petition to direct the executor to recover those missing assets. It would help very much if you have evidence that those assets actually existed as of the date of death. Things like time-stamped photos and sworn affidavits from family members, friends, and others who would have had... Read more »
Everything with my sister as executor in case my mom was incapacitated. My sister was arrested for not reporting the abuse of my mom by the men she hired.
My mom was put in protective custody. Since then my sister has not paid the taxes on a duplex my father owned. She has also sold my... Read more »
This was posted as a family law question, but it's actually a probate court issue. You can petition the probate court to be appointed substitute executor, if the probate case is still open. You can also petition the probate court to get guardianship over your mother. You need to consult with a... Read more »
The will is straight forward. Pay the bills, divide anything remaining among living children. If child has died divide his portion among his children. Very small estate. My mom's house needs to be sold, but my sister's daughter is living there.
Hire a probate attorney in your area to help you petition the court to remove your sister as executor and appoint you (or someone else that you trust) as executor.
There is no law that requires you to do it yourself, but you will probably quickly find that it is more complicated than you thought, and it is much easier and less expensive in the long run to start it out correctly with an attorney's assistance than hire an attorney later to fix mistakes.
She got his truck and gave his trailer to our aunt ..
You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.
There is a will leaving his estate to his (3) sons. My father promised that I would be taken care of after my grandfather's death; however, since my grandfather's death he's had a change of mind.
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.
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.
