Mitchell C. Payne’s Answers

Mitchell C. Payne

Rock Hill Elder Law Attorney.

Contributor Level 3
  1. How can sons find out if their deceased mother's property is in probate.

    Answered 4 months ago.

    1. Mitchell C. Payne
    2. Ivette M Santaella
    3. James Alexander Wotal
    3 lawyer answers

    In South Carolina estates are handled by the Probate Court for the County of the Decedent's residence at the time of death. If your mother died a resident of Abbeville County, that would be the Abbeville County Probate Court. You can go to the Court and ask if the estate has been opened. If it has, you can obtain a copy of what is in the file and you can file a demand for notice of future filings. Under SC law, all wills must be turned over to the Probate Court within 30 days of a decedent'...

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  2. If I have power of attorney and guardianship for my grandmother is a conservatorship needed as well?

    Answered about 3 years ago.

    1. Mitchell C. Payne
    2. Evan Kyle Guthrie
    3. Howard Michael Adelsberg
    3 lawyer answers

    It is very difficult to answer a question like this without all of the information and seeing the documents you have in place. As a general rule if you hold a properly executed General Durable Power of Attorney for your grandmother and she was competent at the time she signed it; a conservatorship should not be necessary. However, that is not universally the case. There are some things you cannot do with a Power of Attorney. For example if you are trying to create a trust to hold the...

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  3. How can I make my uncle pay money that my granddad left me in his will?

    Answered 3 months ago.

    1. Mitchell C. Payne
    2. Vance Tate Davis
    2 lawyer answers

    This is not nearly enough information to give a truly informative answer. However, if your grandfather's will left 15,000 in trust with your uncle for your benefit, the terms of the trust are important. When was the trust required to be paid out? Were there conditions on the payout? Etc. If such a trust exists, your uncle is a fiduciary and has an obligation to fulfill the terms of the trust. If he does not comply with the terms of the trust, you have a number of potential actions. For...