My father in law passed away last year leaving land to my husband. My husband passed away 2 weeks ago never having put this land in his name. I do have a will my husband made out where all properties are left to me at his death. Please advise me o...
Your father-in-laws estate will have to be probated and the land transferred to your husband. Then your husband's estate will have to be probated in order to transfer the property into your name. Contact a local probate attorney for assistance. See the link below for more information.See question
and if, for instance, a farm is willed to someone and the items and livestock on the farm were not specifically mentioned anywhere in the will, would that mean that everything on the farm was included in the "farm" or is that a point of contest?
I agree with the previous answer. You would need to consult with a probate attorney and have him review the wording in the will and give you an opinion. It may be necessary for the South Carolina Probate Court judge to decide what the party intended. Items such as equipment and livestock are considered personal property while land is considered as real property.See question
Been married 16yrs. Lived in PA up until 18months ago. Now we live in SC. Would we be able to file for divorce in PA?
Probably not but you would have to check with a PA attorney. Once you both have resided in SC for three months, the South Carolina Family Court would have jurisdiction over the divorce. For a court to hear a divorce action, it has to have personal jurisdiction over the parties and since you are both no longer residents of PA it is unlikely that the divorce could be heard there.See question
My husband left the state without telling me and moved out
I agree, your husband can move out and leave the state. However, you can file for a temporary order in order to preserve your rights to a division of the marital property, temporary support, and other relief. I would suggest that you consult with a divorce attorney for further advice as to your specific situation.See question
My mother's nephew currently live in her sister's house but has not made any mortgage payments during the 3 months. My mother received a call from the mortgage lender asking for permission to take the house or to pay the past due balance in full. ...
Your mother needs to consult a Greenville estate attorney for assistance. The main issue is whether there is any equity in the home. That will be the deciding factor in whether to allow the house to go into foreclosure or whether to petition the Greenville Probate Court for permission to sell the house or take other steps to settle the estate.See question
Deceased father. His wife knows of no will but his adult daughter from a previous marriage states she has his will and is named only heir in it. Wife wants to contest will.
A spouse cannot be disinherited in South Carolina. The wife can file in the probate court to be named the personal representative of the estate and she will probably need to retain a South Carolina probate attorney since it appears there is going to be a fight over the estate.See question
She said she listed beneficiaries on things (her 2 kids) but we have no idea where to start.
I agree with Attorney Causey. If there was a will, then that will control whether you have inherited any of her probate property. If there was not a will, then you and your siblings are entitled to half of her probate estate. You can ask her current spouse if there is a will.See question
my younger sister and I were name equal as power and attorney of our mother estate.
You do not give enough information for an answer. It appears that someone will have to go to the York County Probate Court and file to be named the executor of her estate. The fund will only communicate with the executor. Once that has happened, you can find out the status. If there was no will, generally the children will divide the estate share and share alike.See question
Have acquired a second home with my own money with 250 k in equity & retirement account value at 300 k with my own money. My first home was purchased jointly with my wife . We both paid 90k and have about 100k in equity. Throughout our marriage...
In south Carolina this is considered a long term marriage and with the difference in earnings she is probably going to be entitled to alimony. In most cases the marital estate, assets and debts, are divided equally. However, it depends on what you mean by "my own money". You need to consult with a South Carolina divorce attorney who can help you with the specifics. See the link below for more information of division of the marital property.See question
Her grandfather left her this home instead of leaving it to his son because he is a convicted felon alcoholic and drug addict. We have been divorced since she was 1. I have always had custody and I don't know where to begin trying to help her with...
Her grandfather's estate will have to be probated and the house transferred into your daughter's name. Once that happens as the custodial parent you can take control and have the current tenant evicted. You will need an attorney to assist you with this.See question