Get free answers to your Probate legal questions from lawyers in your area.
As the personal representative of my mom's estate in South Carolina, I'm responsible for distributing her assets, including two bank accounts totaling $180K, which I held jointly with rights of survivorship. I intend to split these funds 50/50 with my sister, per the will. The estate does... View More 
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answered on May 19, 2025
If you were a joint owner with your Mother then you own the account at her death and the Estate is not involved and does not pass through the Will. Check the signature card carefully. I know there are State taxes in SC, so that is your worry besides possibly a gift tax on the money going to... View More
I'm dealing with an estate proceeding in South Carolina where three different lawyers from the same law group have consecutively handled my case without notifications when the changeovers occurred. They've been charging an hourly rate directly from the estate itself. I'm concerned... View More
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answered on Apr 10, 2025
In South Carolina, individuals involved in legal disputes who have concerns about attorney conduct may wish to review the South Carolina Rules of Professional Conduct, particularly those relating to communication, fees, and competence. For example, Rule 1.5 addresses the requirement that attorney... View More
answered on Jan 16, 2025
The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).
Successor trustees are named in the event that the named trustee is unable or refuses to serve.
As you have probably surmised, being designated as a trustee comes... View More
A close friend of mine is incarcerated, since he has been in jail his father has moved into his house without his permission. He is trying to rent the house out in order to keep it up and have the taxes paid. The house is paid off. He asked me to go to the magistrate and file an eviction notice... View More
answered on Oct 22, 2024
To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that... View More
Do I need to hire the genealogists to prove that it is indeed my heritance? If it was already done in 1983 lawyer xx should have it in his files he was writing everything down do I have to prove it again I had three people do it in triplicate.
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answered on Jul 21, 2024
You should consider starting an appeal if you believe a trustee made unauthorized changes to your name in 1983. Consulting with a lawyer is essential to understand the legal steps involved and to ensure that your case is properly documented and presented.
If a lawyer from that time, like... View More
answered on Jun 28, 2024
Different states have different rules on who qualifies for a marriage license. As regards to foreign nationals, some states require an unexpired passport while others will accept an expired one. This distinction can even be seen in different counties in the same state. Nevada for example is very... View More
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answered on Mar 1, 2024
If you're the spouse of a deceased person who was managing heir property, your rights to the property depend on several factors, including the laws of the state where the property is located, whether there was a will, and how the property was titled. Generally, spouses have certain rights to... View More
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answered on Mar 1, 2024
In South Carolina, the rights of a surviving spouse to heir property (property inherited by the deceased along with others, such as siblings) depend on several factors, including the presence of a will, the nature of the property ownership, and state laws on inheritance. If the deceased died... View More
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answered on Feb 6, 2024
In South Carolina, if a beneficiary named in a will dies before the testator (the person who made the will), the disposition of the deceased beneficiary's share depends on the specific terms of the will and state law. Typically, wills include provisions for what happens if a beneficiary... View More
I haven't even been allowed to go through my mother's belongings. And I'm just needing some legal advice of what I can and can't do. I'm basically just wanting to make sure I get my great grandmother's handmade dishes thats been passed down that my mother told me she... View More
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answered on Feb 2, 2024
In South Carolina, when someone passes away without a will, their assets typically go through the probate process to determine how they should be distributed. As the deceased's only child, you may have rights to inherit a portion of your mother's estate under intestate succession laws,... View More
My dad passed away a year ago. We recieved a letter for being listed in the will. My brother got a copy of the will were were listed a certain dollar amount ..probate has closed and we have recieved nothing. I don't know how it works or what we should do.
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answered on Jan 12, 2024
In South Carolina, the probate process involves the administration of a deceased person's estate, ensuring the distribution of assets according to their will or intestate succession laws if there's no will. If probate has been closed, it suggests that the assets were distributed as per... View More
answered on Dec 18, 2023
You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More
I have a probate matter involving an estate in South Carolina and I'm concerned about attending court appearances in person due to personal circumstances. I haven't submitted any documents yet, nor have I discussed this with a lawyer. Can my lawyer attend all probate court appearances on... View More
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answered on May 19, 2025
Your lawyer can represent you in Court. However many times you need to put on proof to support your motions, claims, etc., although many times other witnesses suffice. Expect to go personally to Court at some point.
I'm currently going through the probate process to inherit real estate property. There are two beneficiaries, including myself. The other beneficiary wants to give up their rights to the inheritance and transfer the property to me. There is a will involved, but it has no specific clauses... View More
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answered on May 15, 2025
You're in a good position to move things forward, especially since both you and the other beneficiary are in agreement. During probate, even though the estate hasn’t been fully distributed yet, it’s possible for one beneficiary to formally disclaim or assign their interest in the inherited... View More
I have a court order with custody and support details regarding my child's biological father, who is now deceased. The county clerk has filed an order against his estate for payment of arrears. My husband, who has been caring for my child for six years, wants to adopt my child. Are there steps... View More
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answered on May 14, 2025
I'm really sorry you’re facing this, but you’re taking the right steps to provide your child with the love and legal protection they deserve. When a biological parent is deceased, their parental rights are considered to have ended by law—there’s usually no need to go through a... View More
I am both a beneficiary and personal representative in a probate case in South Carolina. There are two beneficiaries named in the will, but one intends to give up their rights or gift their inheritance to the other beneficiary. Can a quitclaim deed be used at the same time as a deed of distribution... View More
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answered on May 4, 2025
In this situation, it’s strongly recommended that you work with a South Carolina probate or real estate attorney to draft the necessary documentation. Because you are both the personal representative and a beneficiary, and another beneficiary wishes to transfer or disclaim their interest, having... View More
My mother passed away in 2011, and my father, diagnosed with cancer in 2015, deeded his house and land to my sister before he passed away. My sister has now signed everything over to me. I want to get the property in my name, and we are considering doing a deed between us and having it notarized... View More
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answered on Apr 21, 2025
Obviously you are confused, as apparently the property is not signed over to you. Hire a SC attorney to draft the deed from Sister to you.
Can law enforcement refuse to let me back into the house I've been living in for four years without prior notice? I left for eight hours on the day my brother passed away. When I returned, my sister had placed a no trespass order against me, and I wasn't allowed back in to retrieve my... View More
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answered on Apr 13, 2025
In situations like this, law enforcement typically cannot refuse you re-entry into a home where you have been living, unless there is a valid legal reason such as a court order or a no trespass order. However, since you were living there without a formal agreement, it complicates matters. If your... View More
I have been living on my mother's property for the last 10 years, both while she was alive and after she passed away. Since no probate proceedings have been initiated, will I be able to put a different mobile home on this land, even though the land isn't in my name? Do I have any rights... View More
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answered on Apr 12, 2025
If the land is still legally in your mother’s name and probate hasn’t been opened, then the property hasn’t officially passed to anyone else yet. That means you technically don’t have legal ownership or authority to make changes, like placing a new mobile home on it. Even if you've... View More
My mother passed away last year, and her husband never filed the will. I know a local lawyer drafted the will, but he told me he couldn't legally give me a copy. My mother didn't discuss her wishes much, except that she wanted her husband on the house deed. I'm trying to see her will... View More
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answered on Apr 12, 2025
I'm really sorry you’re having to deal with this on top of losing your mother. In South Carolina, a will is not considered a public document unless it has been filed with the probate court. If probate hasn’t been opened, and the person holding the will—like the lawyer—isn’t legally... View More
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