Tiffany Nicole Provence’s Answers

Tiffany Nicole Provence

Summerville Probate Attorney.

Contributor Level 8
  1. Mom died this January. She had no insurance or will. Medical bills and taxes coming soon. Do I have to file her taxes for 2013?

    Answered 7 months ago.

    1. Tiffany Nicole Provence
    2. Steven M Zelinger
    2 lawyer answers

    If you become her Personal Representative it is likely that you will have to file taxes for her. However, I would not do anything until you have consulted a Probate attorney. The attorney can advise you as to how to proceed with the bills - SC law is very specific as to who gets paid and in what order. Remember that you (personally) are not obligated to pay these bills from your own funds. That being said, paying bills from her funds before you are appointed to handle the estate can be risky....

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  2. Mother died with no health insurance. Medicaid may deny her. How can I keep her truck from debt collectors?

    Answered 7 months ago.

    1. James Ross Snell
    2. Ryan Michael Davidson
    3. Lawrence A Friedman
    4. Tiffany Nicole Provence
    5. Christian K. Lassen II
    5 lawyer answers

    The South Carolina Probate Code determine which creditors are paid and in what order. Unfortunately, medical expenses do have a high priority. That being said, a qualified probate attorney can explain to you the correct process for reducing the value of the estate and protecting as much of it as possible from creditors. Please be very careful in spending these funds until you have received legal advice. You must be appointed as the Personal Representative of the estate before you can do...

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  3. General POA

    Answered over 3 years ago.

    1. Tiffany Nicole Provence
    2. Byron L. Woolley
    3. Charles Elwood Soechting Jr.
    3 lawyer answers

    Once a Power of Attorney is revoked it has no "power" at all and a new document should be drafted. An attorney should be able to use the prior document to do this at a reduced rate. It will be important in the new document to again revoke the prior document so as to avoid confusion issues when the new document is used.

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  4. What is considered abandament in the state of South Carolina? do i need a lawyer to get divorced?

    Answered 6 months ago.

    1. Tiffany Nicole Provence
    1 lawyer answer

    The situation you described does not meet the requirements for abandonment (aka desertion) in South Carolina. To obtain a divorce based on desertion, the spouse seeking a divorce must show that the period of abandonment lasted for at least one year. Your question implies that the spouse is still around (hence the arguing) and therefore this is not desertion. Desertion is VERY different from separation and it's important not to confuse the two. The South Carolina Bar website provides a good...

    1 person marked this answer as helpful

  5. How long does the personal representative status long/

    Answered 7 months ago.

    1. Grady H Williams Jr.
    2. Dana Laganella Gerling
    3. Betty Elaine Jones
    4. Tiffany Nicole Provence
    4 lawyer answers

    Your status as Personal Representative last until the estate is closed and you are properly discharged. I've you've already been discharged you will need to reopen the estate in order to be reappointed as Personal Representative.

    2 lawyers agreed with this answer

  6. I'm a French citizen but USA resident

    Answered 6 months ago.

    1. Tiffany Nicole Provence
    1 lawyer answer

    Your residency status does not alter the Court's ability to involuntarily commit you. They can commit anyone, upon the Petition of another party, that is a danger to himself or others.

  7. Can you be with someone that's 28 if your 17 by law in south Carolina?

    Answered 6 months ago.

    1. Tiffany Nicole Provence
    1 lawyer answer

    Assuming you are asking about consentual sexual relationships, the age of consent in South Carolina is 16. Therefore, sex between a 17 and 28 year old is not statutory rape.

  8. As an adult that has been adopted, is there anyway I can have my biological parents named a my parents if they both are deceased

    Answered 6 months ago.

    1. Alexandria Broughton Skinner
    2. James Ross Snell
    3. Tiffany Nicole Provence
    3 lawyer answers

    Perhaps you can explain WHY you would want to do this. Legally, you can only have one father and mother. If you were legally adopted by your father then you must terminate his relationship before another father can be "named." That being said, I completely agree with the previous answer as to there being much less expensive ways to accomplish whatever goals you may have. Furthermore, it's very hard to restore legal rights to someone who is now deceased and difficult to understand why you would...

  9. My fiancee has suggested terms pertaining to a prenuptial agreement. I have a short queston about the legal aspects.

    Answered 6 months ago.

    1. Tiffany Nicole Provence
    2. Alexandria Broughton Skinner
    2 lawyer answers

    I apologize that you aren't getting answers to your questions but I'm not sure it's clear what you are asking. You may wish to rewrite the question. A prenuptial agreement can be drafted to allow the parties to amend it at a future date. I'm unfortunately not clear on what you are asking with regards to validity, morals, etc.

  10. My husband is divorcing me . I have two homes and I have 2 small children . We share a 401k .

    Answered 6 months ago.

    1. Tiffany Nicole Provence
    2. Alexandria Broughton Skinner
    2 lawyer answers

    Here is some information on determining if you qualify for pro bono legal assistance in SC. This same website also has some valuable self-help resources related to family law. Please go to: http://www.scbar.org/PublicServices/ProBonoResources.aspx