If there are creditors and no funds to pay, then the real estate has to be sold to pay the debt. Of course, the boys have the option to purchase the property just like anyone else. The personal representative can have the estate attorney file a petition in the probate court for permission to sell the property. The probate judge will have to issue an order approving the sale.
I also am very sorry for your loss. It is unusual for real estate to be titled with "or" between the names. While this is acceptable for the vehicle and the checking account, it would probably be held to be a tenancy in common rather than as a joint tenancy with the right of survivorship. Real estate is handled differently. You should have a probate or real estate attorney review the deed since you don't want a problem with clear title later on. You also need to consider how to properly...
To prove adultery in South Carolina you have to show inclination and opportunity. Here he has admitted the adultery, you know the other party and they are still involved. That is sufficient for an at fault divorce. The marital estate will probably be divided on a fifty fifty basis even though he is the at fault party. You will get custody of the children and he will have to pay child support. You will need to contact a local attorney and have him file in the family court.
In the process of the divorce proceedings, your attorney can subpoena the information on the pension fund. If he placed money in the fund during the marriage, you would be entitled to a portion of that increase.
Marital property includes all real and personal property the parties acquired during the marriage and owned as of the date of filing or commencement of marital litigation. S.C. Code Ann. § 20-3-630(A) (Supp. 2009). "The doctrine of equitable distribution is based on a recognition...
In a South Carolina Divorce, while it is not absolutely necessary to file for a Temporary Order of Separation and Maintenance, most people do where there are children involved so as to at least have a court order as to child custody and child support.
I am sure that your drivers license is suspended. You will be arrested in South Carolina for driving while under suspension and you will be held until Arizona decides if they want to come and get you or not. Then you will have to also deal with the South Carolina charges. Contact an attorney in AZ and get it straightened out.
You can file for a divorce in South Carolina even if you are pregnant. However, in South Carolina there is a one year waiting period for a divorce after you separate unless you have grounds for an at fault divorce. You can go to court and obtain a temporary order of separation if there are no at fault grounds. The link below lists the grounds for divorce in South Carolina.
The speed trap in Ridgeland is currently illegal and against state law. However, the town is simply continuing to write the speeding tickets. There is also a push to make such South Carolina speed traps legal. What most people are doing is to plead not guilty and ask for a jury trial.
For a South Carolina at fault divorce you have to have clear and convincing evidence. Even if both parties admitted to the grounds, that would not be sufficient for a South Carolina divorce court. For adultery you have to have inclination and opportunity. That usually requires that you retain a private investigator. For physical abuse you would need evidence such as pictures of bruises, conviction on criminal domestic violence, etc. Based on your post you need to contact a South Carolina family...
Generally, property that you acquire by an inheritance is not considered marital property and is not subject to division in a divorce. There are ways that inherited property can become marital such as adding his name to the title. Your attorney in Virginia can give you more specific information.