Tiffany Nicole Provence’s Answers

Tiffany Nicole Provence

Summerville Probate Attorney.

Contributor Level 8
  1. On 10/6/2014 my mother passed away. In her will it states that, all of her property both real and personal bequeathed to her

    Answered 5 months ago.

    1. Tiffany Nicole Provence
    2. Daniel Tomas Robles
    2 lawyer answers

    If your father is the primary beneficiary and you have no grounds (incapacity, undue influence, etc.) to contest the will, then it is not necessary that you and your brother actively participate in the probate process. However, your father will have to take the will to Probate Court and become the Personal Representative of the Estate. This can only be avoided if all of the assets (home, truck, bank accounts, etc.) are titled jointly with rights of survivorship. A local probate attorney should...

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  2. My fathers estate has been closed since oct 23 2014, power of estate is no longer communicating with me anymore avoiding contact

    Answered 3 months ago.

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

    You need to start by going to the Probate Court in the County where the estate is being administered. Ask to review the file. This will tell you if the estate has actually been closed or not. The estate should not be closed until you sign a document (receipt and release form) stating that you've received what you are entitled to. A full review of the file will answer many of your questions. If the estate has been struck (closed by the Court for inactivity), you as an heir can reopen the estate...

    3 lawyers agreed with this answer

  3. 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 about 1 year 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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  4. Mother died with no health insurance. Medicaid may deny her. How can I keep her truck from debt collectors?

    Answered over 1 year 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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  5. How can I obtain a copy of my grandmothers will?

    Answered 3 months ago.

    1. Tiffany Nicole Provence
    2. J. Ashley Twombley
    3. Lloyd Wayne Patterson
    4. Oladeji Oluyomi Bolaji
    5. Ivette M Santaella
    5 lawyer answers

    In South Carolina, a will is filed in the Probate Court after someone has passed. If your Uncle is acting as the Personal Representative, you first need to go immediately to the Probate Court in the County where your grandmother died and look at her file. You may request a copy of the will (the court will charge you a nominal fee). While you are there, you should look at the other filings with the Court to make sure he has done what your alleging. The estate inventory (which is filed 90 days...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. What can I do to make sure I get my inheritance?

    Answered 3 months ago.

    1. Tiffany Nicole Provence
    2. Ivette M Santaella
    2 lawyer answers

    I am assuming this is a SC estate - if not, this answer might not apply. There are several steps you can take. First, you can file a Right to Demand Notice form in the Probate Court that requires the Personal Representative to keep you informed of the estate filings. You can also go to the Probate Court and review the file to make sure that you have been listed as an heir and that your siblings are in fact the Personal Representatives (as opposed to just claiming they are). Lastly, don't...

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  7. General POA

    Answered about 4 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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  8. What is considered abandament in the state of South Carolina? do i need a lawyer to get divorced?

    Answered about 1 year 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...

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  9. How long does the personal representative status long/

    Answered about 1 year 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

  10. I'm a French citizen but USA resident

    Answered about 1 year 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.