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My biological nephew was adopted out when he was a baby and his adopted parents have passed away, most recently his adopted dad and he was told that his father was going to leave him 20% of the Will and a couple of weeks ago he was told he's getting nothing and we smell a snake in the grass.... View More 
answered on Mar 20, 2018
Attorneys are not permitted to solicit business on this forum. I am certain there is an attorney in South Carolina that is right for you, but you are going to have to put in the work to find them. Check out the directory on this website and find some attorneys that practice in the area you are... View More
answered on Feb 26, 2018
You do not need an original deed to real estate, all properly recorded deeds are on file with the Register of Deeds Office (sometimes called Register of Mesne Conveyances) for every County in the State of South Carolina. Go to the Register of Deeds office for your local County Government and they... View More
Will was drafted before the marriage, saying there is no will benefits current wife. She wants to start probate without the will, how should I proceed?
answered on Feb 26, 2018
Your son needs to speak to a local probate attorney immediately. At the least, he needs to bring the copy of the will with him to his appointment, a list of his father's other children (both living and deceased) and their children, and a list of likely assets contained within the estate.... View More
the estate has very little money in itwe want to keep the housebut my wife said his debt has to be taken care of first I would think his home is the most important debt.
This is in South Carolina
answered on Feb 22, 2018
This is EXACTLY the reverse of how most states process things, and it emphasizes that you NEED to have local representation to make sure you don't make a mistake. I can't say for sure in SC but in MI and all the other states I am aware of the FUNERAL and PROBATE expenses take priority,... View More
answered on Feb 18, 2018
If the home were in joint name with rights of survivorship (as most married couples own real estate) then it doesn't pass through probate, and it is the survivor's sole property by operation of law. If they owned as 'tenants in common' and not with survivorship conditions, then... View More
We want to add right of survivorship for each spouse when the original says house to be sold within a year and 1/2 to my child and 1/2 to spouses children. We both put into the house the same amounts (1/2 and 1/2). We both are in agreement for this addendum.
answered on Dec 3, 2017
The advice to rewrite the will is sound. You may not want to hear it but codicils ('addendum') to a will are invitations to challenge a will in many cases, and are just bad form these days. ALSO this may have no effect depending on how the property is titled.
PLEASE talk to a... View More
The case was prosecuted in 2013 and was allegedly headed to mediation a few months ago. Case was strong. Depositions have been conducted this year, the claim has passed initial reviews and survived - we were looking at trial soon. Now the dismissal was voluntarily filed with the clerk without... View More
answered on Nov 15, 2017
Call the attorney's secretary,explain that you want a meeting, and if you don't receive that you will have no option other than to file a complaint with the bar.
there since they divorced n she remarried over 20 yrs ago. I remodeled the entire house and paid bills and everything in the home belongs too me. She changed the locks The week he died she moved in from her home that she still lives in and is now throwing my belongings out and trying to kick me... View More
answered on Oct 31, 2017
This is FAR more complicated a question than can be done justice here. You will need to find a local lawyer who can review the deed, the divorce judgment, and any other documents like a will or probate filings that impact this situation. The DIVORCE judgment should control here, but if the deed was... View More
answered on Sep 29, 2017
You missed a step in your question.
It matters about where she should file taxes.
It doesn't matter in determining whether or not she's your sister.
What is your question -- does it matter about WHAT?
-- This answer is offered for informational purposes... View More
If the will stated everything be divided, does the joint accounts have to be divided?
answered on Sep 29, 2017
If they are joint with rights of survivorship, no, they pass outside the will to whomever is named as the joint owner 'legally'. MORALLY may be another situation, but that is a discussion you and your sister need to have. Enter into that discussion with the knowledge that she probably... View More
He still has everything except stuff he's taken out of house already am I entitled to any of her things. I took care of her care of her for 5 years before she died. But she didn't have a will
answered on Sep 11, 2017
If she died without a will you are likely entitled to some of her estate. You need to speak to a probate attorney about your predicament as soon as possible to avoid possible loss of estate property.
answered on Aug 23, 2017
This will depend on whether or not your father left a will, as well as potentially the state of your brother's family at the time he passed. Without FULL examination of the facts it is impossible to say for sure. If your dad was also a resident of SC and left no will, the laws of intestacy in... View More
I took over payments on a car in my FIL name while he was ill to help my in-laws with the debt burden. At the time, the payoff was $4100.00. I made 5 payments to the bank of $300 before he passed away. We did have a written and verbal agreement. At the time of his death, he had life insurance on... View More
answered on Jun 26, 2017
This depends on what you have in writing. The 'verbal' agreement isn't enough, but if indeed you have an 'installment sales' agreement for $4100 and you can show you've paid 1500 on it so far, then you should be able to pay the difference and get the car. If that is... View More
answered on Apr 15, 2017
Nobody 'reads' wills to people any more. It is assumed people can read for themselves, and every interested person is given a copy of the will as a part of the probate process.
You need to speak with a local probate attorney to insure you understand how to do this properly. (And... View More
Before the will is read
answered on Apr 15, 2017
CAN you, sure.
SHOULD you? That is a much harder question.
Until someone reads the will, how do you know that won't cause problems? Maybe the Will says "My kids are all deadbeats and I want my house to go to the First Baptist Church so they can renovate it for... View More
My mother bought a house about two months ago. My sister lives with her. My mother passed away a couple of days ago. My mother did not have a will. My sister want's to pay me $2000 dollars and continue to live in the house and she plans on making the payments on the house. My concern is if my... View More
answered on Mar 14, 2017
The house is not 'half' anyone's until probate is completed. If the house were owned SOLELY by your mother, it is now up to her estate to pass title to her heirs.
However tread carefully!
There is probably a 'due on sale' clause meaning when the Estate... View More
As they got old my grandparents asked if I would quit my job to care for them for the remainder of their life's of which I did my uncle thats the only son out of 3 kids they had hasn't never done anything but been a drunk for them and we'll my question is since my grandma redone her... View More
answered on Feb 24, 2017
I am sorry to hear of your loss and the hard time you're having. Unfortunately, the ONLY way to transfer land is by a written instrument.
If there is no deed or will leaving real estate to you, you are unlikely to prevail absent some REALLY unusual circumstances. You might want to... View More
sisters inheritance? I live in Chattanooga Tn. but the probate is in S.C.
answered on Feb 2, 2017
The amount of attorneys fees in any case involves a number of factors. Usually, the person that hires the lawyer is responsible for that fee. I can't speak for South Carolina law ( I only practice in Tennessee) but here in probate cases or other inheritance cases, the Judge can allow a fee... View More
answered on Jan 26, 2017
Short answer, yes.
They have to foreclose on the ESTATE, but their lien is not 'invalid' simply because of the death of the debtor. If the heirs believe there is value to the asset, then they need to take steps to protect the property including paying the debt!
Seek... View More
answered on Jan 19, 2017
You've mixed two concepts up, Power of Attorney has nothing to do with Estate planning or distribution and accepting an inheritance from an estate has nothing to do with powers of attorney.
Your GRANDmother gets to decide what she wants to do with her money. If she wants to leave it... View More
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