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.
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.
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?
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...Read more »
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 »
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 »
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...Read more »
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 »
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 »
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 »
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.... Read more »
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 »
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 »
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,...Read more »
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).
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.
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.
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...Read more »
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