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.
After death. It was closed by the probate judge within 2 weeks since the only asset was a mobile home valued at 7500.00. Now a neighbor submitted a claim for $1000.00 saying my dad and his wife owed them money. Is this even valid?
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answered on Aug 11, 2023
Administrator needs to file an objection to the claim as barred, or possibly even ignore it. Consult with a SC attorney that knows Probate.
The will says 50 /50 split for the sons. Who gets the bank account?
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answered on May 5, 2023
If son 2 had the joint account with Mom, then son 2 owns that money. It does not go through the Estate. The bank signature card must be examined.
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answered on May 1, 2023
A good starting place is reading the Probate File wherever the Estate was Probated. If real property, then search her former title at Circuit Court where land lies. A SC attorney may be able to help you further. If conversion/embezzlement occurred, then you and the other would be... View More
The will or estate is from Oregon
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answered on Mar 13, 2023
You will need to ask an OR attorney. But as probably a legal reason, and definitely a practical reason, a contestant would be way too late.
We live in South Carolina and I care for him full time. To make things easy for everyone we are trying to plan so that probate can possibly be avoided. He owns no property and has no other assets. The joint checking acct has $75,000. He has a will that indicates all his belongings in the house are... View More
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answered on Feb 16, 2023
Probably no probate would be needed. But he might change the bank signature card or put money elsewhere before he dies.
The petitioner is indigent, has mental and physical disabilities, the trustee has been committing frauds and not distributing his money so he can’t pay for an attorney. Can the court appoint an attorney and order the trustee to pay for it or get him an attorney probono? I have been assisting him... View More
answered on Feb 10, 2023
You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.
Any house work or anything all is left on me can I do anything
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answered on Dec 9, 2022
Hire an attorney to file an action for a Sale For Partition.
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answered on Nov 29, 2022
That stands for “and others”.
On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?
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answered on Aug 22, 2022
You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... View More
I live in Tacoma, WA. His car, photos, police memorabilia and belongings are at his girlfriends house in which he stayed. She is not cooperating with me Getting his stuff although I am the sole beneficiary in his will. They weren’t married. I have the Will but, I want to get the stuff with no... View More
answered on Aug 22, 2022
Dear Mrs or Mr,
at first I would like to note that I am not able to answer this from the exact point of view of your jurisdiction. So I will be telling a general legal advice and how I would proceed in your case.
In my country there is a special type of action that can be filed to... View More
Sold all his personal property worth 116,000 dollars. How do I get it back. The estate has not been through probate yet
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answered on Jun 14, 2022
That is a terrible situation. I am sorry to hear you are going through this. Unfortunately, you probably cannot get the personal property back from any of the buyers unless you can find them and can prove that they knew or should have known that your daughter did not have authority to sell the... View More
I have bill of sale for property contents were owned my me, which executor said I forged however court found me not guilty.
Executor stated he had property in side outside storage building but does not.
Hes basically stolen my livelihood using probate court.
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answered on May 10, 2022
It appears that you have already lost your Case. You might hire an attorney to file an Appeal, but you must act quickly, and the personal property may not be worth it.
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answered on Apr 18, 2022
The devil is in the details, of course, but as a general rule, yes, a lender may foreclose its lien without having to go through probate court. The promissory note may no longer be enforceable against the decedent’s estate, depending on the statute of limitation for claims of decedents in your... View More
The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
answered on Apr 5, 2022
Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.
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answered on Nov 24, 2021
If Mother was the titled owner, and no Will is Probated with a Devise of it, the real property is owned by her Heirs at her death. It, the property only, is subject to the Mortgage Lien. Taxes and Insurance still have to be also paid, or the Heirs will lose it. Hire a competent SC to determine... View More
How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.
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answered on Oct 8, 2021
Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.
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.
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... View More
Is that considered elder abuse?
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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.
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... View More
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answered on Jul 28, 2021
The sentence you quoted leaves everything to her husband if he survives her by at least 120 days.
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