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South Carolina Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father's wife filed his will at sc probate 9/18/2019. Will dated 1999.His signature is not his handwriting

His wife didn't contact me when he became ill. I came across his obituary online. She ran it in the local paper

the day of his funeral. It was listed as private. Thats how i found out he died. I went to probate and got a copy of his will

It was dated in 1999, it is not his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 27, 2019

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.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father just recently passed. How can I claim any of his estate?

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?

Nina Whitehurst
Nina Whitehurst answered on Sep 25, 2019

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 »

1 Answer | Asked in Probate for South Carolina on
Q: Application for EIN asks what is the "Date Estate Formed" - is this the date of death or the date probate opens?

In my case death was 7-7-19, but will was not presented to Probate and case not opened until 8-27-2019.

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Date of death.

1 Answer | Asked in Probate for South Carolina on
Q: If a testator has not passed away, and the executor is "reading" a will, how do we know if he is being truthful

The testator is in a nursing home and lives in Louisiana

Nina Whitehurst
Nina Whitehurst answered on Sep 11, 2019

There is no way for you to know without reading the will yourself. Otherwise, you will not know until the will is admitted to probate after the testator passes.

1 Answer | Asked in Probate for South Carolina on
Q: Mother's home is free and clear of any outstanding mortgage/home equity line, how long do I have to wait to sell?
Nina Whitehurst
Nina Whitehurst answered on Aug 25, 2019

I am guessing she is deceased and you are the sole heir? First you need to get the house re-titled into your name. You do that by hiring a local probate attorney.

1 Answer | Asked in Probate and Real Estate Law for South Carolina on
Q: My husband was owed a land deed as his third and has not gotten it yet and probate has closed. What should he do?

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 »

Nina Whitehurst
Nina Whitehurst answered on Aug 10, 2019

Your husband should hire his own probate attorney to review the probate file and advise him

2 Answers | Asked in Estate Planning and Probate for South Carolina on
Q: I have recently started going thru my decease mother paper work and find 2 insurance policy dated 07-26-71,

national standard life ins co. like to know if I can collect from them?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 30, 2019

No lawyer on this website can possibly tell you whether you can collect on 48 year old insurance policies; perhaps the insurance company would be a better place to start?

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1 Answer | Asked in Probate for South Carolina on
Q: My father has recently passed. I'm his only son but he left everything to a girlfriend. What can I do?

My father was diagnosed with Parkinson's Dementia and his will was changed 2 years ago. We was not in a sound mind and I feel she persauded him.

Taylor Silver
Taylor Silver answered on Jun 5, 2019

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 »

1 Answer | Asked in Probate for South Carolina on
Q: My mom passed away she had a will to sell the house and divide. One passed away who will receive her share!

My sister passed away after my mother the will said to her six children.

Thank you

William James LaLima
William James LaLima answered on Apr 17, 2019

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.

1 Answer | Asked in Probate for South Carolina on
Q: My father and his sister are both on the Deed to the home he lives in. She passed away how can he get deed, no 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

Ben F Meek III
Ben F Meek III answered on Jan 10, 2019

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 »

1 Answer | Asked in Probate for South Carolina on
Q: My mom recently died. She only owned one car with 135,000 miles on it. So we need to go through probate?
Ben F Meek III
Ben F Meek III answered on Dec 28, 2018

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 »

1 Answer | Asked in Probate for South Carolina on
Q: What happens if I refuse to sign the appointments or personal representative of my late fathers death?
T. J. Jesky
T. J. Jesky answered on Sep 24, 2018

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 »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: Dad died with no will. What happens to the house now and in the future regarding ownership?

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 »

Bennett James Wills
Bennett James Wills answered on Mar 23, 2018

Without seeing the deed; it is likely that the house would belong to the mother alone. You should consult an attorney to determine your rights before you sign anything.

1 Answer | Asked in Estate Planning, Family Law and Probate for South Carolina on
Q: Is there an attorney in South Carolina that handles Wills and is there one that you only pay if you win?

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 »

P. Justin Thrailkill
P. Justin Thrailkill answered on Mar 20, 2018

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 »

1 Answer | Asked in Probate for South Carolina on
Q: My mom died and we can't find the deed to the house? What can we Do? It's left to me and my brother in the will.
Taylor Silver
Taylor Silver answered on Feb 26, 2018

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 »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My son is 20, his dad died recently, son has copy of will, current wife is saying no will. Original will has been seen

Will was drafted before the marriage, saying there is no will benefits current wife. She wants to start probate without the will, how should I proceed?

Taylor Silver
Taylor Silver answered on Feb 26, 2018

Your son needs to speak to a local probate attorney immediately. At the least, he needs to bring the copy of the will with him to his appointment, a list of his father's other children (both living and deceased) and their children, and a list of likely assets contained within the estate.... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: if you are the executor of an estate how should the bills be paid? home Bills first then funeral expenses.

the estate has very little money in itwe want to keep the housebut my wife said his debt has to be taken care of first I would think his home is the most important debt.

This is in South Carolina

Kenneth V Zichi
Kenneth V Zichi answered on Feb 22, 2018

This is EXACTLY the reverse of how most states process things, and it emphasizes that you NEED to have local representation to make sure you don't make a mistake. I can't say for sure in SC but in MI and all the other states I am aware of the FUNERAL and PROBATE expenses take priority, Taxes are... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: does a home that is mortgaged have to be included in probate? Husband died, wife survived and mortgage is in both names
Kenneth V Zichi
Kenneth V Zichi answered on Feb 18, 2018

If the home were in joint name with rights of survivorship (as most married couples own real estate) then it doesn't pass through probate, and it is the survivor's sole property by operation of law. If they owned as 'tenants in common' and not with survivorship conditions, then it MAY need to be... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can you do your own adden to a will? The attorneys we have contacted want to rewrite will even the one who did original

We want to add right of survivorship for each spouse when the original says house to be sold within a year and 1/2 to my child and 1/2 to spouses children. We both put into the house the same amounts (1/2 and 1/2). We both are in agreement for this addendum.

Kenneth V Zichi
Kenneth V Zichi answered on Dec 3, 2017

The advice to rewrite the will is sound. You may not want to hear it but codicils ('addendum') to a will are invitations to challenge a will in many cases, and are just bad form these days. ALSO this may have no effect depending on how the property is titled.

PLEASE talk to a local...
Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for South Carolina on
Q: My lawyer filed a voluntarily dismissal of my complaint w/o explanation and is avoiding my calls. What should I do?

The case was prosecuted in 2013 and was allegedly headed to mediation a few months ago. Case was strong. Depositions have been conducted this year, the claim has passed initial reviews and survived - we were looking at trial soon. Now the dismissal was voluntarily filed with the clerk without... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

Call the attorney's secretary,explain that you want a meeting, and if you don't receive that you will have no option other than to file a complaint with the bar.

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