Ian Andrew Taylor’s Answers

Ian Andrew Taylor

Pawleys Island Real Estate Attorney.

Contributor Level 13
  1. I know that SC is a probate state and I know you can write your own "self proving" will so do I need a lawyer for a will?

    Answered about 1 year ago.

    1. Ian Andrew Taylor
    2. Celia R Reed
    3. James P. Frederick
    4. Michael S. Haber
    5. Russell D. Hilton
    5 lawyer answers

    I believe you got some great advice from the prior attorneys. An attorney could help you, even with a free consultation to make sure you can do what you want yourself. For example, your program may leave out provisions that you actually wanted to include. You cannot just have your will notarized to be valid in SC. So, there are things that all estate planners (simple or complex) should consider. There are formalities that need to be used to execute a proper will. Visit a local attorney or get a...

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  2. Can my mother sue the company my mom and dad worked for

    Answered 8 months ago.

    1. Ian Andrew Taylor
    2. James Ross Snell
    3. Ryan S Montgomery
    4. C. Donald Briggs III
    5. David Ian Schoen
    6. ···
    6 lawyer answers

    Talk to a personal injury or wrongful death attorney in your area. You can use the listings here or find a referral through a friend or neighbor. He/she will be able to talk you or your mother through his medical and work issues. This is a terrible situation, so I hope you find someone that can help. Ian A. Taylor The Taylor Law Office L.L.C. | (843) 314-4313 Pawleys Island, SC Estates. Probate. Adult Guardianship. Real Estate. Insurance.

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  3. Over two years ago, I transferred title to my son on my real estate property in South Carolina due to illness.

    Answered over 1 year ago.

    1. Evan Kyle Guthrie
    2. Joseph Franklin Pippen Jr.
    3. Ian Andrew Taylor
    4. M. Todd Miller
    5. Howard Robert Roitman
    5 lawyer answers

    I'm not sure a mortgage holder is completely protected, even if they do not hold title to the property. AS the other attorney explained, any judgement (for example) against a property holder attaches automatically to real estate. If the property holder is sued and loses, that judgment attaches to their real estate. If the judgment holder (winning party in the lawsuit) decides to foreclose on the real estate to collect their judgment, the mortgage holder would be first in line to collect. If the...

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  4. Do I need a lawyer to probate my mother's will if there is no property left to distribute; only bank accounts?

    Answered over 2 years ago.

    1. Ian Andrew Taylor
    2. Charles Adam Shultz
    3. Alexandria Broughton Skinner
    4. Evelyn Watts Cloninger
    4 lawyer answers

    Mr. Shultz provided an excellent answer. I'd like to just add some comments from an SC perspectives. SC's probate process is not very expensive but it may take some time. The creditor issue is one of the better reasons, I think, a personal representatives should file probate. If there is a will and the PR does not file or does not settle the estate appropriately, they may be personally liable to creditors that have valid claims. A "summary probate" is available that greatly reduces any...

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  5. Can you deed a house to someone,and give them life time livig rights, if the house has a mortgage on it ?

    Answered over 1 year ago.

    1. Ian Andrew Taylor
    2. Vincent J. Gallo
    3. Michael T Millar
    3 lawyer answers

    I think that you need to be careful here and consult the advice of an attorney. An attorney should draft the documents of transfer or deed. They can probably help. Depending on the Note and Mortgage your husband may trigger a payment clause such as due on sale clause and the mortgage would become due in full. Your transfer may not be a sale, but an attorney can provide some details. Good Luck, ian Ian A. Taylor The Taylor Law Office L.L.C. | (843) 314-4313 Pawleys Island, SC Estates....

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  6. Should I purchase a lot with a property lien on it using a quit claim deed?

    Answered about 1 year ago.

    1. John R.C. Bowen
    2. Ian Andrew Taylor
    3. Paul Dezso de Holczer
    3 lawyer answers

    Mr. Bowen provides some excellent advice. Not a good idea unless you can afford and want to deal with the possible title issues you are essentially buying. That being said your attorney could also give you an idea of how to fix the title issues. The cost of doing so could be negotiated into the price or shared with the seller. There are a lot of options that a real estate attorney would be able to help you sort out. Thanks, ian Ian A. Taylor The Taylor Law Office L.L.C. | (843) 314-4313...

    6 lawyers agreed with this answer

  7. Both Grandparents have died, everything was left to my father and uncle - now my uncle has died a couple months later.

    Answered over 2 years ago.

    1. Ian Andrew Taylor
    2. Evan Kyle Guthrie
    3. James P. Frederick
    3 lawyer answers

    As Mr. Frederick pointed out, this is a very complicated situation. Here's some general information to help you decide on getting an attorney. If there is no will in SC the estate will have to be probated under the laws of Intestate Succession (ISA). This process of estate administration is essentially the same as under the will, except who gets what is determined by SC state law rather than by will. Wills are not generally required to be registered with the state. If there is a question...

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  8. Need legal advice on personal property

    Answered 7 months ago.

    1. Ian Andrew Taylor
    2. Jeffrey Bruce Gold
    3. Micah F McBride
    4. Alan James Brinkmeier
    5. Michael T Warshaw
    5 lawyer answers

    You need to find a local property, business or general practice attorney in your area. Usually a referral is helpful from someone you know. Try the listings on this site or call the SC Bar referral service. http://www.scbar.org/PublicServices/FindaLawyer.aspx You would likely need to pay for a consultation. The reason is that to answer your question you need the attorney to review the lease with you to give you a concrete answer as to whether the storage facility properly auctioned your...

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  9. If your house is in probate court do you still have to pay taxes on it?

    Answered 7 months ago.

    1. Ian Andrew Taylor
    2. Joseph Jonathan Brophy
    3. Robert Jan Suhajda
    3 lawyer answers

    If the estate is still in probate court any person that pays a cost that is the responsibility of the estate can file a claim as a creditor of the estate. Reimbursement for expenses of the estate are a priority when the estate is winding down and folks are paid. Claims for costs are not barred by the creditors claim period that bars creditors of the deceased person (credit cards, loans, etc.). Hope this helps you decide what to do or to seek the help of an attorney. ian Ian A. Taylor...

    5 lawyers agreed with this answer

  10. Do I legally have to probate my husbands will?

    Answered about 1 year ago.

    1. Ian Andrew Taylor
    2. Celia R Reed
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    As the other attorney points out, it depends. Seek the advice of the Probate court or a local attorney for a free consultation and they should be able to provide you with an answer and possibly offer services for the estate. - If you husband owned real estate you may have to proceed through probate depending on the title to the property. - If your husband has any liquid assets to transfer (checking, cash or personal items), you may have to proceed through probate for creditor's claims. -...

    5 lawyers agreed with this answer