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. He is... 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, Taxes are...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 a...Read more »
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.
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.
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 »
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 »
"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 »
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...Read more »
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?
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 »
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