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.
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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 
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
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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
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
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.
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
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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
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
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... View More
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
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
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
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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.
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
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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
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... View More
What happens with the partition during the redemption period of the delinquent tax sale?
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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.
How much do you think Insurance companies will settle out ??There were two other vehicles involved!
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... View More
On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?
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answered on Aug 22, 2022
You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... View More
I live in Tacoma, WA. His car, photos, police memorabilia and belongings are at his girlfriends house in which he stayed. She is not cooperating with me Getting his stuff although I am the sole beneficiary in his will. They weren’t married. I have the Will but, I want to get the stuff with no... View More
answered on Aug 22, 2022
Dear Mrs or Mr,
at first I would like to note that I am not able to answer this from the exact point of view of your jurisdiction. So I will be telling a general legal advice and how I would proceed in your case.
In my country there is a special type of action that can be filed to... View More
Sold all his personal property worth 116,000 dollars. How do I get it back. The estate has not been through probate yet
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answered on Jun 14, 2022
That is a terrible situation. I am sorry to hear you are going through this. Unfortunately, you probably cannot get the personal property back from any of the buyers unless you can find them and can prove that they knew or should have known that your daughter did not have authority to sell the... View More
After death. It was closed by the probate judge within 2 weeks since the only asset was a mobile home valued at 7500.00. Now a neighbor submitted a claim for $1000.00 saying my dad and his wife owed them money. Is this even valid?
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answered on Aug 11, 2023
Administrator needs to file an objection to the claim as barred, or possibly even ignore it. Consult with a SC attorney that knows Probate.
The will says 50 /50 split for the sons. Who gets the bank account?
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answered on May 5, 2023
If son 2 had the joint account with Mom, then son 2 owns that money. It does not go through the Estate. The bank signature card must be examined.
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answered on May 1, 2023
A good starting place is reading the Probate File wherever the Estate was Probated. If real property, then search her former title at Circuit Court where land lies. A SC attorney may be able to help you further. If conversion/embezzlement occurred, then you and the other would be... View More
The will or estate is from Oregon
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answered on Mar 13, 2023
You will need to ask an OR attorney. But as probably a legal reason, and definitely a practical reason, a contestant would be way too late.
We live in South Carolina and I care for him full time. To make things easy for everyone we are trying to plan so that probate can possibly be avoided. He owns no property and has no other assets. The joint checking acct has $75,000. He has a will that indicates all his belongings in the house are... View More
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answered on Feb 16, 2023
Probably no probate would be needed. But he might change the bank signature card or put money elsewhere before he dies.
The petitioner is indigent, has mental and physical disabilities, the trustee has been committing frauds and not distributing his money so he can’t pay for an attorney. Can the court appoint an attorney and order the trustee to pay for it or get him an attorney probono? I have been assisting him... View More
answered on Feb 10, 2023
You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.
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