Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Probate Questions & Answers
1 Answer | Asked in Probate for South Carolina on
Q: My neighbor died and we loved him like a father. He left me the mobile home and all its contents. The kids are going in.

Are they allowed to go and take things out the trailer and just take it? One of the sons was left 1 dollar because the father and him did not get along. Is this legal? This son didnt have anything to do with his father at all for a long time. Now he is just carying anything and everything out the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2017

Before ANYONE has the right to do anything with his property, probate needs to be started. Seek local legal help to begin that process, as it is different in each state. Don't delay, because once things are gone, they're gone, and your neighbors wishes will be thwarted even if he COULD do... View More

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Mom passed and I'm executor. No mention of house in will. She told me to sell and split. How will probate view this?

It was to be split with my sister and nephew. This is what I want to do. However, I'm worried they will begin to fight over the house.

Ben F Meek III
Ben F Meek III
answered on Jan 11, 2017

Probate will probably honor the will if it was validly drawn and validly executed without any fraud, undue influence or duress upon your mom when she made it and she was of sound mind at the time. Failure to list specific properties in the will usually doesn't mean much. Often the will maker... View More

1 Answer | Asked in Probate for South Carolina on
Q: I cant afford a probate lawyer for my moms estate its not worth much and Im the only heir to estate? I am disabled

I am disabled and can't afford a lawyer my moms assets which is house I live in is only about $30,000.00 help¿ I am suppose to go to probate court we'd.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 4, 2015

You must go and speak with a probate attorney locally about this to find out what must be done to get the home into you name and deal with the things that must be dealt with. You cannot ignore this.

1 Answer | Asked in Probate for South Carolina on
Q: Estate lawyer passed away during probate

My father passed away in April 2014 leaving behind debt over 100,000 & 4 houses My oldest sister (I'm youngest) was put over the will my middle sister & myself live in 2 of the houses left behind my house is paid for hers isn't nor was a business property paid for my oldest sister... View More

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 6, 2015

If I understand your question, your oldest sister is the executrix of the will. She is in charge of the estate while it is in probate court. She is the one who will need to retain a new lawyer for the estate so that everything can be finished out properly. I would encourage her to hire an... View More

1 Answer | Asked in Probate for South Carolina on
Q: Both my parents died and they didn't have wills. They owned a car. Can I have the car put in my name?
L. Wayne Patterson
L. Wayne Patterson
answered on Feb 13, 2015

A South Carolina probate estate will have to be opened in order to transfer the title to a vehicle. Contact the probate court in the county where they resided for the requirements to open an estate. You will need an original of their death certificates and wills if they had a will. South Carolina... View More

1 Answer | Asked in Probate for South Carolina on
Q: What type of attorney do I seek for property that was will to mother who is now deceased?
Evan Guthrie
Evan Guthrie
answered on Jun 4, 2012

A probate attorney will have to probate the estate of the person who left your mother the property in their will and then they will have to probate her estate with the property in it.

1 Answer | Asked in Probate for South Carolina on
Q: When does property legally transfer after a person is deceased?
Evan Guthrie
Evan Guthrie
answered on May 26, 2012

After the Deed of Distribution In the Probate Court if it is a probate asset.

http://www.sccourts.org/forms/pdf/400PC.pdf

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning...
View More

1 Answer | Asked in Probate for South Carolina on
Q: What is an encumbrance
William F. Bratt
William F. Bratt
answered on Apr 18, 2011

I assume this question is arising under the "Probate" topic with regard to inherited real estate. An encumbrance is something which burdens title to a property with a legal claim. A mortgage against a property, for example is an encumbrance. If an individual is sued for an amount of... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.