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South Carolina Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning for South Carolina on

Q: If no fee determined, what can Personal Rep of the Estate b pd if banks, invest, etc exceed $600K

I am PR on an estate exceed $650K, no compensation is stated, what is the fees in SC?

Ryan D Templeton answered on Aug 15, 2019

SECTION 62-3-719. Compensation of personal representative.

(a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the...
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1 Answer | Asked in Estate Planning for South Carolina on

Q: What should be the first action if u suspect estate mismanagement by the executor

I believe the executor of my family's estate is possibly being criminally deceptive and fraudulent managing the estate

Nina Whitehurst answered on Aug 14, 2019

Hire your own probate attorney and petition the court to have the executor removed and to require a full accounting from him or her.

1 Answer | Asked in Estate Planning for South Carolina on

Q: HOw should a new home be titled to protect adult children in a remarriage? Both spouses want to leave to their kids

We are retiring to south carolina in the next year. We remarried in our 60s and each have 2 adult children. We thought of an arrangement that when one dies the other has to move or buy out the 50% of house (after appraised) however we may be old or the appraised value might have gone so high that... Read more »

Nina Whitehurst answered on Aug 6, 2019

Titling your home in a trust specially designed for your goals is your best bet. Look for an experienced estate planning attorney in your area.

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Legal Malpractice for South Carolina on

Q: Can your lawyer ask you to sign blank hearing papers without a court date filled set?

My attorney had me in emotional distress at our probate mediation, while he had me mentally under pressure after telling me that we were signing PR over to the plaintiff or its 5 to 10 years in prison he asked me to sign a paper stating my presence at mediation. It took me a minute but I was trying... Read more »

Bruce Alexander Minnick answered on Jul 17, 2019

I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.

On the other hand, if everything you say is 100% true your best option is to report your lawyer...
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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 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 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 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 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 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 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 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 Estate Planning for South Carolina on

Q: I gifted two vehicles before the reading of the will as i was under duress and then found out they were willed to me.

Can i request them back since they are in probate and probate has not been closed.

Kenneth V Zichi answered on Jan 22, 2018

Probably not. If the cars were supposed to be "yours" and YOU gave them away, that sounds like a completed gift.

The fact that you didn't 'dot the i's' and transfer them to yourself through probate first really doesn't matter much.

But this depends on what you mean by 'under...
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1 Answer | Asked in Bankruptcy and Estate Planning for South Carolina on

Q: I need to what I need to do I live in my uncle house paying all his bills due to me putting him in the nursing home

like if he died what to I do about his house

Cristina M. Lipan answered on Dec 6, 2017

If your uncle does not have a will, upon his death there will be a probate proceeding held to determine who the rightful heir(s) of the home are. The process is always easier if there is a valid will (which you should retain an attorney to draft).

Information provided for informational...
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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 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...
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1 Answer | Asked in Estate Planning for South Carolina on

Q: We have an old will made in Indiana. We now live in SC. Do we need a new will since we have property here?

Kenneth V Zichi answered on Oct 30, 2017

Laws differ greatly from state to state. It is ALWAYS a good idea to consult with a local attorney in your new state to review what you have. Chances are he or she will suggest updating the documents so they comply better with that state's law, but some may not need immediate updating -- only a... Read more »

1 Answer | Asked in Estate Planning for South Carolina on

Q: My daughter is listed as one of the beneficiaries in my will. She recently changed her last name because she got married

Do I need to have the will redone with her new name or is it okay to leave her maiden name? Most of my assets are set up as POD or TOD anyway and I did change her name on those accounts.

Kenneth V Zichi answered on Oct 29, 2017

It is not generally necessary to update a will SOLELY to update someone's name. "My daughter Jane Doe" is a pretty definitive identification for purposes of a will even if Jane has changed her name it still identifies HER and not some other person named "Jane Doe" who you've never met.

On...
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1 Answer | Asked in Estate Planning for South Carolina on

Q: My mom lives in SC and has very little to pass along, but wants to exclude my two siblings.

My aunt tells me if mom has her will drawn up by a lawyer it MUST go to probate, but if mom writes out will herself and has it witnessed & notarized, it doesn't need to go to probate. I just want to be covered if siblings want to contest will.

Kenneth V Zichi answered on Sep 27, 2017

WRONG answer. ANY will, if it is to be enforced, needs to go through Probate after a person dies. And your sibs can contest a will no matter who writes it, but if it is done by a licensed attorney there is a bit of a 'presumption' that things were done properly and there's no 'undue influence'... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on

Q: Trying to figure out how to deal with selling mom's house i inherited

Mom died in March. Several years back she changed her deed to me while retaining a life tenancy. I'm getting ready to sell her house. Didn't probate her estate as that was her only asset and in passed to me outside probate. I was only beneficiary and personal rep. It's not my primary residence.... Read more »

Kenneth V Zichi answered on Sep 14, 2017

"Establishing" FMV is determining what a willing buyer and willing seller would agree to for a price. YOU are the seller. You can sell your own property for whatever YOU think is 'fair' but you may want to get an appraisal or otherwise compare what the market is supporting for similar properties.... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for South Carolina on

Q: My mother passed away but didn't have a will. My step father's not giving me any of her things.

He still has everything except stuff he's taken out of house already am I entitled to any of her things. I took care of her care of her for 5 years before she died. But she didn't have a will

Taylor Silver answered on Sep 11, 2017

If she died without a will you are likely entitled to some of her estate. You need to speak to a probate attorney about your predicament as soon as possible to avoid possible loss of estate property.

1 Answer | Asked in Estate Planning for South Carolina on

Q: Does the estate lawyer transfer the titles to the vehicles for the survivors of the deceased?

My husband died in an accident and I was told that the lawyers handling the estate transfer the title(s) of vehicles in the estate.

Taylor Silver answered on Aug 17, 2017

The only person that has the power to transfer the titles while the estate is open is the person appointed as the personal representative. Have the PR ask the estate attorney for guidance if they are unsure how to go about this.

Disclaimer: This answer is not intended to be legal advice...
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1 Answer | Asked in Contracts and Estate Planning for South Carolina on

Q: If I now reside in VA and I need to provide a certified true copy of revocation of POA that was filed in South Carolina

I need to know who can certify a true copy and mail to South Carolina to be filed

John Andrew Maghamez answered on Aug 13, 2017

It depends. You need to speak to an estate planning attorney like myself about this it could be a simple fix but it also could require a bit more

1 Answer | Asked in Estate Planning for South Carolina on

Q: Can I write my own will by using a draft will an attorney created without having to get his permission?

Went to attorney; he drafted my Will & sent it me for review. I edited it and would rather just take it on my own from here. I will get two witnesses and have it notarized. Is it legal to use his draft?

Kenneth V Zichi answered on Jul 26, 2017

Did you PAY the attorney? If not, then NO you can't just use his work without compensating him for it. That is called stealing.

If you paid in full and just don't want to go all the way back to sign, you should TELL the attorney that, so he knows what is going on and can document that you...
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