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... View More 
answered on Sep 14, 2017
"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... View More
He still has everything except stuff he's taken out of house already am I entitled to any of her things. I took care of her care of her for 5 years before she died. But she didn't have a will
answered on Sep 11, 2017
If she died without a will you are likely entitled to some of her estate. You need to speak to a probate attorney about your predicament as soon as possible to avoid possible loss of estate property.
My husband died in an accident and I was told that the lawyers handling the estate transfer the title(s) of vehicles in the estate.
answered on Aug 17, 2017
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... View More
I need to know who can certify a true copy and mail to South Carolina to be filed
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
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?
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... View More
Died or is the child the poa from that point on?
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
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 /... View More
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... View More
Before the will is read
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... View 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... View More
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... View More
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... View More
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.
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... View More
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?
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... View More
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.
We are his sons. Does my brother have to be present if will is submitted for probate in South Carolina?
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.
Dad passed away and an attorney is wanting to charge me too get my inheritance
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... View More
answered on Jun 17, 2014
I suggest that you use the same attorney who prepared your living trust.
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... View More
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... View More
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... View More
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