I already had this home when I met him 20+ years ago. My home is now paid for and is and always has been in my name only. He has never paid one cent for the home. All of the bills are solely in my name. We have lived together, in my home, on a...
Please note that this site cannot provide you with legal advice. For that you need to consult your own attorney. The owner of a property can evict someone that is living in the residence regardless of how long they have lived there. You would need to go to your local magistrate court to start the process. If he is physically abusive, then call 911 and the police will handle the situation. It does not appear that he has gained any rights to the property.See question
My mom passed away in 2003, Married to my dad 50 years. My dad remarried (w a prenuptual agreement) in 2006 & passed away in 2010. His widow has recently sent me a check for $200 & has sent a hand written directions to sign and have notarized a '...
Start by contacting the probate court in the county of his residence. The clerk will send you a copy of the estate file for a small fee. You will need the file prior to consulting with an attorney. You can send the file to a SC probate attorney to review for you and that can all be done without the expense of a trip to SCSee question
i have 2 children who live with me and my husband. he is not willing to move out. I want to be with my children while going through divorce to make it easier on them. we live in separate rooms . house is in both our names. if i buy another house a...
A South Carolina separation requires that you actually live in separate residences. As stated above, you can file for an order of separation and maintenance and the court will decide who resides in the house and custody of the children but one party has to move out before you can file. I suggest a consultation with a South Carolina Divorce attorney.See question
The child was two year old when his mother died,and his mother and father were married. the son was 9 when his father died and living with his father when dad died. there was a $150,000.00 life insurance made out to estate and the father left ever...
South Carolina probate requires that a will be submitted to the probate court and there is a statute of limitations on contesting the will. There are not enough details in your question for an answer. Here is a portion of the statute on children that are not named in the will
SECTION 62-2-302. Pretermitted children.
(a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child, upon compliance with subsection (d), receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless:
Assuming that the estate is still open, the child's guardian should contact a South Carolina Probate attorney for a consultation.See question
The house is owned under a warranty deed with one name of a single person. If a trust exists can the house be put in the trust without the title being transferred to the trust? Would this avoid probate court?
Unfortunately this is a common problem. Vehicles, mobile homes and real estate have to be actually titled in the name of the trust.See question
she wrote on a piece of paper, though, to her boyfriend that it did happen. this is a 13-year-old who was mad at her mother for catching her sending pics to boyfriend. She wrote a note stating my son assaulted her, then recanted after he got arr...
It is possible that the prosecutor will drop the case since the victim has recanted. I assume that your son is also a minor. A parent or attorney will have to appear with him on his court date. If the prosecutor indicates that he is going to proceed to trial, then you do need to retain an attorney. At least you should consult with a local criminal law attorney who can review all the details.See question
We live in VA but I own property with my sibling in SC. Also I have property that was left to me in a will.
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.See question
My Mother passed away April 2011 and did not have a will. Any assets she did have went into probate. My brother and I have both signed to relinquish our rights to her estate, and probate is still going on. Now her husband is foreclosing on thei...
I am not sure how your name got on the deed or if you are just assuming that it is on the deed. In a foreclosure normally the only parties whose credit are affected are the ones actually on the note and mortgage. I would suggest that you contact the attorney handling the foreclosure for more information. His name and contact information are on the paperwork. Probably you are being listed since you are heirs and probate is still open.See question
7 months legally seperated. On going custody battle for our 3 yr old daughter. 3 weeks pregnant
I assume you mean that you have a court order of separation and maintenance. If custody is contested, the court should have appointed a Guardian ad litem. See the link below for information what the court requires from the GAL. Usually the judge is going to base his decision on custody from the guardian's report so that is the party you need to be working with. You also need your own attorney to properly present your case. The fact that you are expecting another child will be a factor but not the deciding factor since each case is very fact specific. If you were awarded temporary spousal support in the order of separation, the court can order you to pay that back.See question
a medical neglect case goes to court and my father dies before it is settled do I have to share this with my siblings? I am executor of the will?
It depends on whether there is an additional action for wrongful death due to the medical neglect. I have added a link below on wrongful death in South Carolina. Otherwise, the settlement will be a part of your father's estate and distributed in accordance with his will. As the executor your duty will be to properly administer the estate and distribute the assets in accordance with the will.See question