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Philip J. Corson

Philip Corson’s Answers

8 total

  • What is required when successor PR is required?

    My brother who has been the PR of my dad's estate is having to step down due to illness. What is he required to file with the probate court in SC to be relieved of his duties? And what does my sister ( who was named as successor PR in my dad's wil...

    Philip’s Answer

    I would add to Attorney Frederick's response that your brother may not need to be removed using Form 331PC (Petition for Removal of Personal Representative). Instead, he may be able to renounce his right to serve, and/or nominate your sister, and/or waive bond for her using Form 302PC (Renunciation of Right to Administration and/or Nomination and/or Waiver of Bond). In addition, as Attorney Frederick pointed out, your brother may also need to file Form 335PC (Statement of Resignation) and your sister will likely need to file Form 333 (Application/Petition for Successor Personal Representative). A probate court clerk in the county where your dad's will is being probated may be able to verify which forms will be required, and may even provide you with copies. I've also included a link to the forms, below.

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  • Is a photocopy of a notarized memorandum to a Will valid?

    Relative lives in South Carolina. A Will was made but we also have a photocpy of a hand written (we recognize the hand writing) "Memorandum" signed and notarized after the Will was made. Could this be valid?

    Philip’s Answer

    A will in SC may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in trade or business. To be admissible as evidence the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will. That said, the photocopy is a problem. A will or any part thereof is considered "revoked" if it is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction. If the original memorandum is lost or missing, it is likely that in SC the person asserting the original was valid would bear the burden of presenting clear and convincing evidence to rebut the presumption the testator destroyed it animo revocandi (with an intent to revoke it).

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  • My father destroyed will due to nasty divorce with 2nd wife but then passed away. What steps do children have to protect home?

    My father destroyed his will because of nasty divorce proceedings, but days later passed away before he could have another drawn up. He had told his lawyer what his wishes were for division of assets-can we as his children continue with the divorc...

    Philip’s Answer

    Since the divorce was nasty I'm presuming there is no separation agreement in place. If your father died married and intestate (without a will), then the provisions of S.C. Code of Laws Sections 62-2-102 and 62-2-103 may apply. I've included links below. You should consider hiring a probate lawyer to address this issue. The SC Bar's Lawyer Referral Service is a public service of the SC Bar offered by telephone and online. The telephone service operates from 9 a.m. to 5 p.m. Monday through Friday. To reach the telephone service, both in state and out of state, call (800) 868-2284. In Richland and Lexington counties, call 799-7100. The online service is available 24/7: http://www.scbar.org/public_services/find_a_lawyer/lrs/.

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  • Is a photocopy of a notarized Memorandum to a Will valid?

    Relative lives in South Carolina. A will was made but we also have a photocopy of a "memorandum" signed and notarized after the will was made. Could this be valid?

    Philip’s Answer

    A will in SC may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in trade or business. To be admissible as evidence the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will. That said, the photocopy is a problem. A will or any part thereof is considered "revoked" if it is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction. If the original memorandum is lost or missing, it is likely that in SC the person asserting the original was valid would bear the burden of presenting clear and convincing evidence to rebut the presumption the testator destroyed it animo revocandi (with an intent to revoke it).

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  • Is a photocopy of a notarized Memorandum to a Will valid?

    Relative lives in South Carolina. A Will had been made but we also have a photocopy of a hand-written "Memorandum" signed and notarized after the Will was executed. Could this be valid?

    Philip’s Answer

    A will in SC may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in trade or business. To be admissible as evidence the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will. That said, the photocopy is a problem. A will or any part thereof is considered "revoked" if it is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction. If the original memorandum is lost or missing, it is likely that in SC the person asserting the original was valid would bear the burden of presenting clear and convincing evidence to rebut the presumption the testator destroyed it animo revocandi (with an intent to revoke it).

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  • If a person dies in SC without a will leaving a spouse and 3 adult children how is property distributed after expenses paid?

    Pertaining to Capital Gains calculations.

    Philip’s Answer

    In SC, if there is a surviving spouse and surviving issue (blood descendants), then the intestate share of the surviving spouse is 1/2 of the intestate estate. The part of the estate not passing to the surviving spouse passes to the descendants; if they are all of the same degree of kinship to the decedent, then they take equally.

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  • What if I find a will after my dad died intestate & those proceedings had begun?

    In Charleston, SC

    Philip’s Answer

    In SC, any peson who has someone else's will in his possession, custody, or control must deliver it to the judge of the probate court having jurisdiction within 30 days after notice or knowledge of the death of the testator.

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  • Does the state of south carolina receive any of the money if a person dies without a will

    If a person dies without a will in SC and all creditors have been paid, does the state of SC receive any share of the money prior to distribution to the heirs?

    Philip’s Answer

    No, in SC, heirs inherit before the estate escheats (reverts) to the state. On the other hand, if no spouse, issue (blood descendants), parent, issue of a parent, grandparent, issue of a grandparent, great-grandparent, issue of a great-grandparent, stepchild, or issue of a stepchild survives, then the estate will escheat to SC.

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