Philip J. Corson’s Answers

Philip J. Corson

Fort Mill Estate Planning Attorney.

Contributor Level 8
  1. Is a photocopy of a notarized Memorandum to a Will valid?

    Answered about 5 years ago.

    1. Philip J. Corson
    1 lawyer 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...

    6 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. Philip J. Corson
    1 lawyer 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.

    5 people marked this answer as helpful

  3. Is a photocopy of a notarized memorandum to a Will valid?

    Answered almost 5 years ago.

    1. Philip J. Corson
    1 lawyer 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...

    4 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. Philip J. Corson
    1 lawyer 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...

    4 people marked this answer as helpful

  5. Is a photocopy of a notarized Memorandum to a Will valid?

    Answered about 5 years ago.

    1. Philip J. Corson
    1 lawyer 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...

    4 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. Philip J. Corson
    1 lawyer 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.

    4 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. Philip J. Corson
    1 lawyer 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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  8. What is required when successor PR is required?

    Answered over 2 years ago.

    1. Philip J. Corson
    2. Stephen Fulton Shaw
    3. James P. Frederick
    3 lawyer answers

    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...

    1 lawyer agreed with this answer