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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2019
Sounds like a scam to me. Take the proposal to a attorney for review before paying anything.
Husband owns company I may have signed Corporation papers I do not know it was over 20 years ago
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
I am PR on an estate exceed $650K, no compensation is stated, what is the fees in SC?
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... View More
I believe the executor of my family's estate is possibly being criminally deceptive and fraudulent managing the estate
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2019
Titling your home in a trust specially designed for your goals is your best bet. Look for an experienced estate planning attorney in your area.
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... View More
answered on Jul 17, 2019
I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.
On the other hand, if everything you say is 100% true your best option is to report your lawyer... View More
national standard life ins co. like to know if I can collect from them?
answered on Jun 30, 2019
No lawyer on this website can possibly tell you whether you can collect on 48 year old insurance policies; perhaps the insurance company would be a better place to start?
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... View More
answered on Mar 23, 2018
Without seeing the deed; it is likely that the house would belong to the mother alone. You should consult an attorney to determine your rights before you sign anything.
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.... View More
answered on Mar 20, 2018
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... View More
Will was drafted before the marriage, saying there is no will benefits current wife. She wants to start probate without the will, how should I proceed?
answered on Feb 26, 2018
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.... View More
the estate has very little money in itwe want to keep the housebut my wife said his debt has to be taken care of first I would think his home is the most important debt.
This is in South Carolina
answered on Feb 22, 2018
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,... View More
Can i request them back since they are in probate and probate has not been closed.
answered on Jan 22, 2018
Probably not. If the cars were supposed to be "yours" and YOU gave them away, that sounds like a completed gift.
The fact that you didn't 'dot the i's' and transfer them to yourself through probate first really doesn't matter much.
But this... View More
like if he died what to I do about his house
answered on Dec 6, 2017
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).
Information provided for informational... View More
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.
answered on Dec 3, 2017
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.
PLEASE talk to a... View More
answered on Oct 30, 2017
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... View More
Do I need to have the will redone with her new name or is it okay to leave her maiden name? Most of my assets are set up as POD or TOD anyway and I did change her name on those accounts.
answered on Oct 29, 2017
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... View More
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.
answered on Sep 27, 2017
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
