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South Carolina Probate Questions & Answers
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.

1 Answer | Asked in Probate for South Carolina on
Q: My Mom passed away in February this year. Last year she signed over the title to her mobile home to me. Do I own it?

I haven't had to changed over yet. Can I still have it changed to my name?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

You should have no problem getting the Certificate of Title for the Mobile Home registered in your name. However that has nothing to do with the real property where it sits. Did your Mother own the land? You may wish to hire a competent attorney to search the title and file an Affidavit of... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My mother passed away 4 years ago, 3 months ago my stepfather has finally opened her estate. What does this mean?

I know my mother left me some property in her will but I haven't heard anything about it since she passed. Do I still get to receive it?

Taylor Silver
Taylor Silver answered on Jun 13, 2020

You should not make assumptions. However, if you assume the will was filed and valid, and that the estate can otherwise afford to pay all valid liens and judgements, that the deceased had valid legal title to the property, and that your step father follows the law and directions in the will... You... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: I'm told im not an interest in my dad's estate did he make that decision or does the person who is appointed??

My stepmother turned in a will from 1990 giving her the power to make all decisions I know my dad would not remove me as a beneficiary

Taylor Silver
Taylor Silver answered on Jun 13, 2020

Executors if estates have a legal obligation to follow the directives of a valid will, if one exists. SC Probate Court files are public, in general, so you should be able to get a copy of the filed will from the court where the estate is opened.

If you want answers and explanations about...
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1 Answer | Asked in Probate for South Carolina on
Q: In SC, can real estate passed by will to the husband be sold out of probate?

My sister passed away recently, leaving all of her estate including her half of our parents home to her husband. We were in process of selling the home. Can we still sell the home or do we have to wait until probate is over?

Nina Whitehurst
Nina Whitehurst answered on May 15, 2020

If your sister was a party to the contract to sell the home, then her estate is now a party to the contract to sell the home. Contract a probate attorney right away to help you get someone (perhaps yourself or your sister's husband) appointed as executor of your sister's estate with... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: I would like to change my last name. Do I have to get permission from my executor of the estate for it to be changed

On the the will??? Or should I wait till I get my money from the will?

Nina Whitehurst
Nina Whitehurst answered on May 12, 2020

Your name can be changed by following the statutory procedure for name changes in your state. If you are the beneficiary of an estate, you do not have to wait until the estate is settled to change your name. Once the name change is complete, however, be sure to provide a copy of the decree to... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: My brother passed away Dec 2016. My wife and I lived with him for a year prior. I am the only surviving family member.

We continue to reside at the residence but the estate is still in his name. We never went through probate court because we aren't familiar with the process. What do we do?

Nina Whitehurst
Nina Whitehurst answered on May 3, 2020

The easiest and most reliable way to get started is to hire a probate attorney in your area. That is what they do day in and day out. Click "Find a Lawyer" above.

1 Answer | Asked in Tax Law and Probate for South Carolina on
Q: Is my widowed mother still responsible for back taxes on my deceased father's sale of inherited land?

My father inherited land, which he sold in 2017 but did not pay the tax at the time of sale. The IRS charged these taxes in 2018, which my parents were paying at $200/month. There is still over $3,000 owing. My father died in April 2019. Is my mother still responsible for paying this tax?

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 24, 2020

It's going to depend based on filing status,potential innocent spouse defense, and possibly other factors.

Short answer is it depends. You should retain counsel to review the matter and deal with the IRS directly to challenge the tax assessed or work out a plan to resolve the amounts owed.

1 Answer | Asked in Probate for South Carolina on
Q: Questions about an LLC i was put on and have Probate questions as I am a child of deceased..what rights do I have

Mom formed an LLC with her 3 children as owners i guess it was. One daughter was removed off of her per her own request. That left a brother and myself on it. My mother and I fell out and didnt speak for 3 years. At the time there was approx $90000.00 in an account. Mom did this because she had... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 10, 2020

There is nothing to prevent you from opening a probate and petitioning the court to appoint you as the administrator of your mother's estate. Once you are appointed you will have the authority and obligation to gather all of her assets and then distribute them either according to the terms of... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can I be made to move out of a place that I have been living there for the last 6 to 7 years while my grandparents proba

Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 7, 2020

You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: my father passed and i moved in house and have been paying all the bills.want to rehab property.

siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?

I would recommend that you call and speak to a probate...
Read more »

1 Answer | Asked in Probate for South Carolina on
Q: The lawyer for my dads estate is in the hospital ICU. Executor says the case can not be assumed by another lawyer?

My brother and sister are the executors for my fathers date.. They elected to pay a lawyer because they were asked questions about the finances. It’s been over a year and no final accounting and they continue to file extensions. Now the lawyer is ill in the ICU and brother says they can not-... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 31, 2020

I am not licensed in SC, but I am licensed in six other states, and that would not ring true in any of them. If you want to fire your existing, incapacitated attorney and hire a healthy, upright attorney, I believe you can, and you should, of course.

1 Answer | Asked in Probate for South Carolina on
Q: Executor of will not listing all assets of deceased.

My fiance's mother died a little over a year ago. She had a will, which gave her land to her granddaughter and made granddaughters husband executor. Executor is supposed to sell "mom's" house, car, tractor and all property in the house then split the proceeds between my fiance... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 28, 2020

You can file a petition to direct the executor to recover those missing assets. It would help very much if you have evidence that those assets actually existed as of the date of death. Things like time-stamped photos and sworn affidavits from family members, friends, and others who would have had... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father passed away in June of 2016. My mother was left everything with

Everything with my sister as executor in case my mom was incapacitated. My sister was arrested for not reporting the abuse of my mom by the men she hired.

My mom was put in protective custody. Since then my sister has not paid the taxes on a duplex my father owned. She has also sold my... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 21, 2020

This was posted as a family law question, but it's actually a probate court issue. You can petition the probate court to be appointed substitute executor, if the probate case is still open. You can also petition the probate court to get guardianship over your mother. You need to consult with a... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My mother passed away January 6, 2017. My sister is executor but she is not doing the job. How can I take over?

The will is straight forward. Pay the bills, divide anything remaining among living children. If child has died divide his portion among his children. Very small estate. My mom's house needs to be sold, but my sister's daughter is living there.

Nina Whitehurst
Nina Whitehurst answered on Feb 19, 2020

Hire a probate attorney in your area to help you petition the court to remove your sister as executor and appoint you (or someone else that you trust) as executor.

1 Answer | Asked in Probate for South Carolina on
Q: I need to probate the Estate of my father in law whom passed in 2001 in SC must I have a lawyer or can I do myself ?
Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

There is no law that requires you to do it yourself, but you will probably quickly find that it is more complicated than you thought, and it is much easier and less expensive in the long run to start it out correctly with an attorney's assistance than hire an attorney later to fix mistakes.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father past away my sister lied to me and said everything went to the X wife . But it didn't I didn't find out months

She got his truck and gave his trailer to our aunt ..

Ryan D Templeton
Ryan D Templeton answered on Dec 14, 2019

You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: As my grandfather's caregiver for the last 3-years, am I able to get any compensation from his estate?

There is a will leaving his estate to his (3) sons. My father promised that I would be taken care of after my grandfather's death; however, since my grandfather's death he's had a change of mind.

Nina Whitehurst
Nina Whitehurst answered on Nov 19, 2019

If you have any evidence of that promise you can make a claim against the estate. You should hire an attorney right away to assist you. There are deadlines for doing this and they are short and strict.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: SC-Husband &Wife own home free and clear,husband dies, can wife quit claim deed property to son without probate?

Does house have to go through probate or can the wife just transfer ownership to her son?

Nina Whitehurst
Nina Whitehurst answered on Nov 15, 2019

It depends on how title was held by husband and wife. If they held as tenants in common then, no, the husband's share needs to be probated. If it was held as joint tenants with right of survivorship or tenants by the entirety then, yes, wife is now the sole owner.

However, before...
Read more »

1 Answer | Asked in Probate for South Carolina on
Q: Even if I was a care giver and grandson. Do I have so rights? I was not informed of no probate or anything.

The property the house sits on is 2 acres. One is my biological fathers that I bought from my grandparents. Due to my father not being able to have any estate through SC. So it was in the deed to the house. Due to my grandparents staying I could stay there after there passing. For taking car of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

Hire a probate litigation attorney to file a claim for you in the probate for breach of contract. Do not delay. There are very short deadlines for this. It is possible that the deadline has passed, but you won’t know without consulting with an attorney

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