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South Carolina Estate Planning Questions & Answers
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
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
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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1 Answer | Asked in Health Care Law and Estate Planning for South Carolina on
Q: If your spouse is still alive but appointed his kid for medical power of attorney does that kick in after the spouse has

Died or is the child the poa from that point on?

Inna Fershteyn
Inna Fershteyn answered on Jul 7, 2017

Unfortunately yes right away. POA is not valid after death. I strongly suggest you see estate planning lawyer right away because it's already a red flag and more problems will follow.

Inna Fershteyn

www.BrooklynTrustandWill.com

718-333-2394

1 Answer | Asked in Estate Planning for South Carolina on
Q: Do I have to have the court in SC to "appoint" me personal representative of a trust in which my mom named me her rep?
Kenneth V Zichi
Kenneth V Zichi answered on May 17, 2017

Trusts don't have 'personal representatives' they have trustees. ESTATES have personal representatives, and the Court needs to appoint them. It sounds like you've mixed up a couple of issues here, and you'd likely benefit from an appointment with a local estate planning / probate attorney to review... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for South Carolina on
Q: Do all the siblings have to present in order for the Will to be read ?
Kenneth V Zichi
Kenneth V Zichi answered on Apr 15, 2017

Nobody 'reads' wills to people any more. It is assumed people can read for themselves, and every interested person is given a copy of the will as a part of the probate process.

You need to speak with a local probate attorney to insure you understand how to do this properly. (And don't take...
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1 Answer | Asked in Estate Planning, Family Law and Probate for South Carolina on
Q: My father died and he has a will there are 7 of us that live other places. Can one of us move into the house before the

Before the will is read

Kenneth V Zichi
Kenneth V Zichi answered on Apr 15, 2017

CAN you, sure.

SHOULD you? That is a much harder question.

Until someone reads the will, how do you know that won't cause problems? Maybe the Will says "My kids are all deadbeats and I want my house to go to the First Baptist Church so they can renovate it for services" ? Maybe he...
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1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for South Carolina on
Q: Ok I'm 28 yrs old and have lived with my gparents since 2001 when my mom got murderedyour Gmail wasy conservator N

As they got old my grandparents asked if I would quit my job to care for them for the remainder of their life's of which I did my uncle thats the only son out of 3 kids they had hasn't never done anything but been a drunk for them and we'll my question is since my grandma redone her will after mom... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Feb 24, 2017

I am sorry to hear of your loss and the hard time you're having. Unfortunately, the ONLY way to transfer land is by a written instrument.

If there is no deed or will leaving real estate to you, you are unlikely to prevail absent some REALLY unusual circumstances. You might want to consult...
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1 Answer | Asked in Estate Planning, Foreclosure and Probate for South Carolina on
Q: are mortgage companies able to foreclose on property that is in probate
Kenneth V Zichi
Kenneth V Zichi answered on Jan 26, 2017

Short answer, yes.

They have to foreclose on the ESTATE, but their lien is not 'invalid' simply because of the death of the debtor. If the heirs believe there is value to the asset, then they need to take steps to protect the property including paying the debt!

Seek local help if...
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1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Mom passed and I'm executor. No mention of house in will. She told me to sell and split. How will probate view this?

It was to be split with my sister and nephew. This is what I want to do. However, I'm worried they will begin to fight over the house.

Ben F Meek III
Ben F Meek III answered on Jan 11, 2017

Probate will probably honor the will if it was validly drawn and validly executed without any fraud, undue influence or duress upon your mom when she made it and she was of sound mind at the time. Failure to list specific properties in the will usually doesn't mean much. Often the will maker will... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: Do I need to have my mothers estate put in my name ? I am only child and the sole heir in her will.She is still alive.

I am sole heir to mothers estate in her will.She is still alive & well now and we live together.Should I have home put in my name before her passing.If so what do I need to do?

Ben F Meek III
Ben F Meek III answered on Jan 11, 2017

You should contact an state planning attorney. The short answer is probably "yes" you need to arrange either to re-title the house or have your mother execute a Transfer on Death deed (if her state's law offers it), but it's impossible to give a good answer to your question without knowing a lot... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: My father did not include me in his will, but also did not mention that he wanted to exclude me, what should I do?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 20, 2015

See an attorney in the state where the will is being probated. Depending on the law in your state, you might or might not have a case.

1 Answer | Asked in Estate Planning and Family Law for South Carolina on
Q: Father passed away in Feb in SC. Will names my brother as executor, who lives in NY. Where should will be probated?

We are his sons. Does my brother have to be present if will is submitted for probate in South Carolina?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 20, 2015

If the decedent was domiciled in South Carolina, that is where the probate case would be filed. Normally, the executor doesn't need to be present to file it. It is possible, I suppose, that the executor is required to be a resident, but I don't know that.

1 Answer | Asked in Estate Planning for South Carolina on
Q: Do I have to pay an attorney to get my inheritance?

Dad passed away and an attorney is wanting to charge me too get my inheritance

L. Wayne Patterson
L. Wayne Patterson answered on Feb 13, 2015

Your question is very general and depends on the specifics of your situation. I would suggest that you consult with a South Carolina probate attorney who can review the probate file with you and advise you of your rights to receive any inheritance.

This answer is for general advice. It...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: What kind of attorney do I need to update a living trust?
Charles Snyderman
Charles Snyderman answered on Jun 17, 2014

I suggest that you use the same attorney who prepared your living trust.

1 Answer | Asked in Estate Planning for South Carolina on
Q: Is it a south carolina law that a husband must leave 1/3 of his estate to his wife in his will?
Evan Guthrie
Evan Guthrie answered on Jun 26, 2012

This refers to the elective share in South Carolina which is a law that states a surviving spouse entitled to a third of the deceased spouse's probate estate. There is no law that you must leave a third to a spouse in a will and many times the elective share is not made.

Evan Guthrie Law...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: Is life insurance policies part of an estate ,when benificerarie is no longer married?
Evan Guthrie
Evan Guthrie answered on Jun 26, 2012

A life insurance policy is always part of an estate. If there is a beneficiary then it usually not part of the probate estate. If the beneficiary named on the policy is not married any more then the named beneficiary would most likely still get the policy.

Evan Guthrie Law Firm is licensed...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: Can a south carolina deed of distribution be completed by a family member - without a lawyer being involved?
Evan Guthrie
Evan Guthrie answered on Jun 26, 2012

The deed of distribution can be completed by a personal representative, but it is strongly recommended that an attorney be involved in the process to help prevent trouble in the future.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie...
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2 Answers | Asked in Estate Planning for South Carolina on
Q: Do you need to live in the same state to be an power of attorney
Evan Guthrie
Evan Guthrie answered on Jun 26, 2012

No. You can be a power of attorney agent in or have your power of attorney agent live in another state. It can be a good idea to name an agent that is close by to make things easier and more convient.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina....
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1 Answer | Asked in Estate Planning for South Carolina on
Q: We own timeshareand if something happens to my husband and i our children say they don't want it , mainly because of the

Maintenance fees. can these fees be continued to be taken from our estste after we're gone

Evan Guthrie
Evan Guthrie answered on Jun 4, 2012

The estate has to pay all debts that it owes. If the time share continues to charge fees or the estate owes fees after you die, they will have to paid before assets are distributed.

1 Answer | Asked in Estate Planning for South Carolina on
Q: Once I receive the Information to Heirs and Devisees form is there anything I need to do?
William F. Bratt
William F. Bratt answered on Apr 18, 2011

Generally speaking, no action is required from the recipient of the "Infrmation to Heirs and Devisees" form. It is intended to advise those named in the Will, and those who would inherit if there was no Will, of the appointment of a personal representative and opening of an estate administration.

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