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South Carolina Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can a married man who has been married to his only wife for 60+ years in his will give 100% to theirchildren an not her?

Doesn't the wife already own 50%? Why does she only get a lifetime right on the house? The wife says she had no knowledge of what the will said before his death.

Taylor Silver
Taylor Silver answered on Sep 7, 2021

Provided there is no question that the two were married, at the very least she is likely entitled something called an "elective share" and there may be other issues that protect her interest to probate (or non probate) property.

Probate issues are often complicated looking, but a...
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2 Answers | Asked in Probate for South Carolina on
Q: Is it illegal to get someone to sign a dual power of attorney if the person has dementia when they already have poa?

Is that considered elder abuse?

Nina Whitehurst
Nina Whitehurst answered on Jul 29, 2021

A POA given by someone who lacked sufficient mental capacity when it was signed is invalid. Unfortunately, the challenger must prove the lack of capacity. Yes, coercing an elder who lacks capacity to sign a document that has legal significance is elder abuse.

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1 Answer | Asked in Probate for South Carolina on
Q: Can someone help me figure out my Mom's will? Some things just don't make sense.

First off the will was typed on a typewriter from 1984, but it does have a proper notary seal.

Second, it opens up by saying she is a legal resident of Texas, but she had been a resident of South Carolina for over 25 years. This was written up when she and my father were still in the Air... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 28, 2021

The sentence you quoted leaves everything to her husband if he survives her by at least 120 days.

1 Answer | Asked in Probate for South Carolina on
Q: How would I find out if my deceased father co-ownership of his property was tenant of common or Joint tenant.

Can stepmom get reimbursed for the funds she put into my dad’s property ( the property he owned before marriage) during probate, although she’s getting most of everything? Leaving my brother and I with barely nothing. How can I contest that?

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2021

As to land, you must read the Deed and determine the exact Estate. You may need to perform a title search. If death did not extinguish your Father's interest, the land will go to his heirs at law, which would include a surviving spouse if one, at his death. If there is a Probate, the land... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: What exactly does a quitclaim deed ?

Will I be jeopardizing my rights for keeping the real property and personal property by signing a quitclaim deed. I’m pay the mortgage.

Nina Whitehurst
Nina Whitehurst answered on Jun 26, 2021

A person signing a quitclaim deeds gives up all of his or her rights in the subject property, if any. Put another way, yes, the person signing the quitclaim deed gives up all right for keeping the real property that is the subject of the quitclaim deed. Quitclaim deeds to do not convey personal... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: How can I find out who can do an inventory and appraisement for land in South Carolina?

I am doing probate for my nephews land and trailer in SC. Rather difficult to find who will do the inventory and appraisement as I live in Virginia. I have the form to file with the court. There is no one in SC to do this. Probate has already started. I've received letter of appointment.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2021

If you are issued Letters of Administration, then you have the authority and legal duty to marshal up assets of the Estate yourself. If you do not, then you will probably be removed. Talk to a competent attorney as Probate may not be needed or someone else might need to be the Administrator.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: The deed has our deceased mother's name at the beginning, and heir's and at the very end it says forever.

With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children

Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: My brother died and left a truck and boat registered in his name only. Do they have sit there until probate over?

My brother died and left a truck and boat registered in his name only. They are not listed in the will, but everything goes to his wife. No one is contesting. No major debts. Can his widow move them and have them repaired now or does she have to leave them sitting in the yard until probate is over?... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 27, 2021

The biggest issue is insurance. What happens if they are involved in an accident in the process of moving them? Your brother's widow should call the insurance company and report her husband's death and ask that the insurance be changed to reflect that they are now owned by your... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: What to do when public record shows an invalid grant of informal probate of a revoked will
Anthony M. Avery
Anthony M. Avery answered on May 14, 2021

You may wish to hire an attorney to look into a will contest.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: If a person have joint tenant with the right of survivorship in SC when will does it comes effect? before death or after

My grandmother deeded the land to multiply people under survivorship joint tenant in SC before my my grandfather death is that legal. An my grandfather didn't signed the deeds either to the people she deeded the land to. An what are the consequences behind her doing this if it was illegal. Can... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

She can convey her interest in the property. Assuming the grandparents own the property as husband and wife, then if she survives her husband, the conveyance vests. If not, then the conveyance is extinguished. It is a future interest conveyance, and very legal.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My mother passed and left me 50% of the property. She gave her sister the other 50 with the intent of sharing 25% with m

My sister has taken over the house. Is that legal?

Anthony M. Avery
Anthony M. Avery answered on Apr 22, 2021

I suspect that the real property actually went to the Heirs which would include you and your sister, as it appears no Will was Probated. But whatever the case, a title search is necessary and you may wish to file an Action for a Sale for Partition if both you, the sister and the aunt own the real... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: Can I open probate for property in which my recently deceased brother was a joint tenant with no rights of survivorship?

My brother passed away and had no will. He jointly owned property with his ex-girlfriend who keeps giving away his assets instead of using them to pay his debts and reimburse my sisters and I for funeral costs. Can opening probate prevent her from doing anything else?

Nina Whitehurst
Nina Whitehurst answered on Feb 9, 2021

You can open probate and you should. Once you are appointed as the administrator of your brother's estate you will have the legal authority to demand the return of property that has been stolen from his estate.

1 Answer | Asked in Probate for South Carolina on
Q: My husband just passed away in sc. He only has two cars that are in his name only. Do I neee to go to probate?
Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2021

Obviously not. Talk to your Clerk's Office about the titles. An Affidavit of Heirship should establish who his Next Of Kin was if needed. Probate is a long, expensive process, and two cars do not justify it.

1 Answer | Asked in Probate for South Carolina on
Q: Sibling and I were willed the house equally by my mother. I have lived in it and cared for mom for 2 years. Contest?

I am also the personal representative.

Anthony M. Avery
Anthony M. Avery answered on Jan 8, 2021

Not sure of your question, but unless the Will is Probated, it has no effect. Without the Will, the Mothers heirs at law are the owners as tenants in common. In a Partition Action, you might get reimbursed for taxes, expenses, etc.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: Heirs property

My mother passed away some years ago and left me and my brother a house behind . so my little brother took over the house. Now that he passed away his children is trying to take over the house. So who has the rights to Inherited the house .

Anthony M. Avery
Anthony M. Avery answered on Dec 21, 2020

You will need an attorney to conduct a title search, then determine heriship. He should draft and record an Affidavit of Heirship as the source of title notice to the world who the heirs are. Then the heirs need to pay

taxes, insurance, etc. unless they agree to sell. A partition...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: I was willed a piece of lane along with 5 of my uncles who have all died im last living owner none left a will.

Do heirs have more rights than i do what rights do claimed heirs have. To property i am last living owner. And its a bit of confusion do they have same rights as i do whats the difference

Evan Guthrie
Evan Guthrie answered on Dec 9, 2020

This may depend on how long it has been since the deceased person passed away and if the others named in the will or related persons of the deceased survived the deceased person. A probate lawyer can help determine how to best proceed in what is most likely a Determination of Heirs situation.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My mother passed away in August 2020 and left me the mobile home and 1 acre land do I need to get an attorney
Anthony M. Avery
Anthony M. Avery answered on Dec 1, 2020

Yes... Hire a competent attorney to search the title, including the certificate of title on the mobile home. If secured debt liens exist, and the title is otherwise clear, start paying them along with taxes and insurance. Get an Affidavit of Heirship recorded as your source of title if you are... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Probate for South Carolina on
Q: Can a person under legal adult guardianship grant general power of attorney to someone who is not their guardian?

The person in question is a 25-year-old who is under the legal adult guardianship of abusive, controlling parents. The guardianship was filed in SC, but the person and their parents are living in MD. The parents have taken the person's phone and control of their money, they have no privacy and... Read more »

Mike Branum
Mike Branum answered on Aug 29, 2020

I do not practice in South Carolina, so I would recommend along this question to those who are. With that disclaimer, I believe what you will find is that you will need to petition the Court in SC for a modification of the guardianship. You SHOULD have standing as an interested person to challenge... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: How to get a clean title?

7 adult siblings were deeded the home house (1/7th interest each). 2 have died with nothing to probate so probate was not filed for them.

Home house is now in foreclosure. Bank has approved short sale. 1 of the deceased (in 2016) has 2 heirs and the other deceased (in 2020) has 5 heirs.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2020

A competent attorney can draft and record an Affidavit of Heirship which discloses to the world who the Heirs-At-Law are. I am not following your foreclosure process: are the Heirs selling the home with the money going to the Bank with no foreclosure? If true, then the Affidavit will be... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: I was living with my boyfriend for 9 years in his home when he passed in Feb, 2020. He paid the mortgage.

His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 18, 2020

The surviving spouse has no right to anything that is yours.

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