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 »
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...Read more »
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 »
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!
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 »
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 »
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.
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 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.
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.
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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