Get free answers to your Probate legal questions from lawyers in your area.
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
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 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 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
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answered on Nov 9, 2024
Yes if all parties agree. This happens alot without first filing a suit.
The victim is in the early stages of frontal temporal dementia and has been scammed out of over $100,000 and now in the mist of another scam and is around $100,000 but his family cannot find someone to help.
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answered on Nov 8, 2024
Family needs to call law enforcement now. Then a Conservatorship is filed. Ward needs an attorney.
My mom had been doing the same. She was managing the tax payments for the property which belongs to my deceased grandmother. Its only 5 acres of land, nothing on it. I live in NC, property is in SC. Grandma lived and died in FL, my mom last lived and died in NC.
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answered on Nov 5, 2024
I would hire a NC attorney to determine heirship, then file an Affidavit of Heirship in SC. But Grandmother's death in FL might complicate the heirship equation, and demand research on FL intestate succession. The
A of H will be the owners' source of title of record.
My father recently died and my mother passed in 2013, leaving me as the only child and beneficiary. However, my father has no will or trust nor did he set up POD or beneficiaries on any of his accounts. Cash assets are under $50,000, the only property is a couple of cars and some normal household... View More
answered on Oct 15, 2024
First of all, please accept my condolences on the loss of your father.
You will need to open up a probate estate with the probate court in the county he was living in when he died. Once the estate is opened and you are appointed the personal representative (what used to be called... View More
My dad filed bankruptcy the week before he passed away from cancer in which the court dismissed due to his passing. Our home was sold at the county auction and we were gave not even 2 weeks to get out and when I asked for 30 days, they got a writ of ejection that stated 30 days (something I... View More
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answered on Aug 27, 2024
It’s possible for a home to be sold during probate, but specific rules need to be followed. In your situation, where the house was sold at a county auction while your father’s probate case was still open, the sale may have complicated legal factors. Generally, probate courts manage the... View More
Within probate and non relatives are threatening the son of deceased
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answered on Jun 10, 2024
Heirs and Next of Kin have standing to sue about issues concerning their interests in a Decedent's properties.
The property in question is in the deceased's name who died ten years ago. She only had one heir listed in her probate case who was also her personal representative. Her parents were deceased and no other relatives (if any) could be found. The case was closed due to inactivity because the PR... View More
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answered on Apr 10, 2024
Hire a SC attorney that knows real property to search the title and determine heirship. Then make offers to each heir for their quit claim deed to you. Who is paying the taxes? If noone, there may be a tax sale or a foreclosure sale.
We were separated and I don't know if he even had a will. I need help. I know he had inherited money and had bought a house. Need video conferencing or phone conferencing. I cannot come to an office due to my health.
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answered on Nov 8, 2023
Attorneys in this forum are not allowed to "solicit" clients. An attorney cannot respond with an answer like "I can help". YOU need to contact the attorney. Click on "Find a Lawyer" in the upper right hand corner of this page and then search for a probate attorney in your area.
Went to probate then to bank said I may have to pay off.
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answered on Oct 18, 2023
In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More
My father passed away recently. He signed a will on his deathbed naming 4 family heirs with the executor as my brother, who has already decided to sell the house despite my protest and sentimental attachment. I offered to buy out his shares and he was not interested. He's also convinced my... View More
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answered on Oct 18, 2023
You can always buy the house from the estate.
I am planning to sell the home to a cash buyer, but before that I need to know if I have the authority to do so in South Carolina.
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answered on Sep 20, 2023
In South Carolina, an executor can sell a house without being on the deed, but they need the appropriate authority, either granted by the will or by the probate court. It's essential to ensure the house has been formally transferred through probate and that the estate holds clear title to the... View More
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