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South Carolina Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father passed away in June of 2016. My mother was left everything with

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 »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 21, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My mother passed away January 6, 2017. My sister is executor but she is not doing the job. How can I take over?

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.

Nina Whitehurst
Nina Whitehurst answered on Feb 19, 2020

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.

1 Answer | Asked in Estate Planning for South Carolina on
Q: My mother diedy and I just found out she was not legally married to the man she lived with in sc the man took

He took everything of hers she had no will and nothing was probate now he has passed and he had no will his son is now taking my mom's stuff

Nina Whitehurst
Nina Whitehurst answered on Feb 6, 2020

You need to hire an attorney to help you probate your mother’s estate. Once the court appoints an executor, the executor can make a claim against the boyfriend’s estate to get your mother’s property back.

1 Answer | Asked in Estate Planning for South Carolina on
Q: there is a will but family members refuse to show the originl will or let it be seen l by family and is not execut
Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

A will that is not executed (signed) is not valid. When that happens the decedent is said to have died “intestate” which means without a will.

1 Answer | Asked in Estate Planning for South Carolina on
Q: Once the settlor of a revocable trust has passed away, should the beneficiary (trustee) rework the trust ?

Can a lien be put on an irrevocable trust?

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

A revocable living trust becomes irrevocable when the settlor dies, so it cannot be amended absent a court order or a trust protector named in the trust.

When the settlor dies, the successor trustee should hire an attorney to assist the successor trustee with a process known as "trust...
Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: Can an irrevocable trust be abolished to make the trustee of that trust a settlor since the settlor is deceased?

Also can a lien be placed on a piece of property which is owned by an irrevocable trust?

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

A lien can be placed on a piece of property owned by an irrevocable trust IF AND ONLY IF the trustee of that trust voluntarily grants the lien (such as a mortgage) or a judgement is obtained against the trust and it is recorded in the local land records. There are a few other instances where a... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: What administrative procedures, if any, are required for closing a Third Party Special Needs Trust.

The primary beneficiary for which the trust was established is deceased. All debts and liens against the trust are satisfied. The trust directs distribution of assets to four remaining beneficiaries and all assets have been distributed according to the trust's instructions to them.

Nina Whitehurst
Nina Whitehurst answered on Jan 6, 2020

Normally you would get a receipt for final distribution and acceptance of final account from each of the ultimate beneficiaries and arrange for the filing of the trust's final tax return and close any trust bank accounts that had been opened.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father past away my sister lied to me and said everything went to the X wife . But it didn't I didn't find out months

She got his truck and gave his trailer to our aunt ..

Ryan D Templeton
Ryan D Templeton answered on Dec 14, 2019

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.

1 Answer | Asked in Estate Planning for South Carolina on
Q: My dad passed away it was on will that everything be left to me he had a friend said dad gave him car 2 months ago

he already transfer title my dad said he was leaving to my son

Nina Whitehurst
Nina Whitehurst answered on Dec 12, 2019

If your dad transferred the car during his lifetime, then it is no longer part of his probate estate and, therefore, it is not governed by his will. This is especially true if your dad gave the car away or sold it for cash during his lifetime.

In rare cases, such as a sale of a car on...
Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: As my grandfather's caregiver for the last 3-years, am I able to get any compensation from his estate?

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.

Nina Whitehurst
Nina Whitehurst answered on Nov 19, 2019

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.

1 Answer | Asked in Estate Planning for South Carolina on
Q: Can a trustee charge rent to beneficiaries living in a home that is the property of the trust?

My 3 boys and my Nephew are the beneficiaries of my grandparents trust. The trustee is now trying to make us pay rent for my 3 boys to continue to live in the home that we have lived in for 2 years. My mom was living here before her time in a nursing home and her death in August she was the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 12, 2019

The answer is maybe. It depends on how the trust is worded. There are too many facts missing from the scenario you described. Take the trust to a local trust administration attorney for evaluation.

2 Answers | Asked in Estate Planning and Probate for South Carolina on
Q: My dad died and the house was left to the children. We went to put the house up for sale. Do all of us have to sign an

agreement to sell before putting the house on the market?

Ryan D Templeton
Ryan D Templeton answered on Nov 9, 2019

The personal representative of your fathers estate is the person has the authority to sell the house if it is still in probate. If it has been transferred to the children already it depends on what the deed says.

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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 Estate Planning for South Carolina on
Q: My trust has 4 NAMED BENEFICIARIES. If one died before me does his estate get the inheritance?
Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2019

It depends on how it is written. You should ask the attorney who drafted it for you or have it reviewed by an estate planning attorney.

1 Answer | Asked in Estate Planning for South Carolina on
Q: In sc if you owe money on your home can you still do a life estate?
Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

Yes, you can BUT depending on who you transfer the remainder interest to it might allow the lender to call the loan due. There is no way to know without reviewing the loan documents. Also, if you do this, you should have an agreement between the life tenant and the remaindermen regarding who pays... Read more »

1 Answer | Asked in Estate Planning and Banking for South Carolina on
Q: Should receiving an inheritance in two large sums from another country constitute a fee of 700 via money order to get th
Nina Whitehurst
Nina Whitehurst answered on Sep 14, 2019

Sounds like a scam to me. Take the proposal to a attorney for review before paying anything.

1 Answer | Asked in Estate Planning, Business Formation and Business Law for South Carolina on
Q: 20 years ago sign papers with husband not sure if their corporation husband dies do I owe the creditors

Husband owns company I may have signed Corporation papers I do not know it was over 20 years ago

Nina Whitehurst
Nina Whitehurst answered on Sep 8, 2019

I hope you will understand that there is no way any attorney in this forum can answer your question without reviewing the papers that you signed along with a lot of other things. Chances are, however, that a lot of claims against you and/or the corporation have expired due to the statute of... Read more »

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
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
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.

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