Alyson Christine Fudge’s Answers

Alyson Christine Fudge

Mount Pleasant Elder Law Attorney.

Contributor Level 9
  1. Protecting (first marriage) child's inheritance in second marriage estate plan.

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    2. James P. Frederick
    3. Ilene L McCauley
    3 lawyer answers

    A Q-TIP trust is the only way I know of to achieve the desired result. The trust would not become irrevocable until (and if) the wife dies first. But it would absolutely provide for the husband's support, health, maintenance and standard of living, while ensuring that any remaining assets go to the wife's child/grandchildren. Of course, someone other (either person or institution) than husband would have to the be alternate trustee (with the wife being the first trustee) if the wife dies first....

    Selected as best answer

  2. I am last of bloodline, totally left out of will, mother in Hospice, father dead 4 years-any precedence for contesting it?

    Answered about 4 years ago.

    1. Alyson Christine Fudge
    1 lawyer answer

    It depends on what your mother's will says. If the will specifically names you as a child, and then states that your mother's intent is that you shall not inherit from her estate under any circumstances, this will be difficult to successfully contest. However, if the will simply fails to mention you at all--then you are likely entitled to a percentage of her estate under our Intestacy Statute. However, no will contest can be filed until your mother passes away, and her will is admitted to...

  3. What am I supposed to do? And will this effect my credit and am I responsible for anything under the law?

    Answered about 4 years ago.

    1. Alyson Christine Fudge
    2. Mark Hankins
    3 lawyer answers

    Correction: Creditor's notice must run for 8 months. I mis-typed in one place in my previous answer.

  4. What am I supposed to do? And will this effect my credit and am I responsible for anything under the law?

    Answered about 4 years ago.

    1. Alyson Christine Fudge
    2. Mark Hankins
    3 lawyer answers

    I would agree with everything stated in the previous answer, and would just add the following: Probate is the process by which an asset (like a house) is taken out of the name of someone who has died and put into the name of the living heirs. Regardless of whether someone has a will nor not--the estate has to go through probate in order to transfer title. In our state (South Carolina), probate is a 9-12 month process because a creditor's notice must be published in one of our local...

  5. I've been married four years and recently separated. I can't afford to live here on my own what will happen in court?

    Answered about 4 years ago.

    1. Alyson Christine Fudge
    2. David Alexander Browde
    2 lawyer answers

    As a South Carolina attorney, I can tell you that divorce here is different than many other states. (I am assuming that you are alluding to a divorce.) Charleston County Family Court is hearing in excess of 29,000 cases this year, so hearing dates usually occur about 4-6 months after filing petitions. You can file "fault" actions and one "no-fault" action. The fault action in your case would like be for drug and alcohol abuse, as the fault action related to physical abuse requires imminent...

  6. Can she do this?

    Answered about 4 years ago.

    1. Alyson Christine Fudge
    2. Bert Z. Tigerman
    2 lawyer answers

    Please see my response to your first submittal. And please let me add, that as a South Carolina attorney, I can confirm that you most definitely would be entitled to a share of his estate. Please consult with an attorney, as probate is time-sensitive in our state.

  7. My estranged husband passed away, and before i was told, his mother had him buried, now she wants to be paid

    Answered about 4 years ago.

    1. Alyson Christine Fudge
    1 lawyer answer

    Has your husband's estate been opened to probate (whether or not he has a will), and who is the appointed executor. As the spouse, unless he had a will which was drawn up after your estrangement began, you would have first priority. As executor (actually called "personal representative" in SC), you could decide which bills you feel are appropriate, and which you feel are inappropriate. If your mother in law filed a claim as an unpaid creditor, you could decline it and let the judge decide...

  8. Guardianship responsibilities

    Answered about 4 years ago.

    1. Alyson Christine Fudge
    1 lawyer answer

    In South Carolina, our probate courts appoint a guardian and a conservator for an individual who is found to be mentally incapacitated. The guardian makes day to day living decisions, medical decisions, and placement decisions. The conservator handles the money. The certificates of appointment are separate, as are the Orders of Appointment. You can call the court and ask them who was appointed conservator, as your living and placement decisions may be affected by financial limitations.

  9. Why can I not sign an affidavit or give power or attorney for a divorce when I'm moving out of state?

    Answered about 4 years ago.

    1. Alyson Christine Fudge
    1 lawyer answer

    As a South Carolina attorney, your story is disturbing, to say the least. However, this is most definitely a "family law" kind of question. I do know that in SC, the only uncontested cause of action for divorce is a one year separation, and that witnesses are typically required to attest to the fact that the couple has been living separately and apart for at least a year. I don't know which county you live in, but here in Charleston county, the Family court handles approximately 29,000 cases a...

  10. If I have a will with my 3 children listed do I need to put their names on my CD as beneficiary?

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    1 lawyer answer

    Any type of policy or financial instrument which has a beneficiary designation (examples--401(k)s, IRAs, life insurance policies, CDs, etc) will be controlled by the beneficiary designation--not your will. These types of assets are known as "non-probate" assets, and will only come under the control of your will if you designate "my estate" as the beneficiary. In short--your mother needs to list someone as the beneficiary or beneficiaries of her estate--either her children or her estate.