Archived
My parents signed a promissary note using their home as collateral. They died within 10 months of each other.
Evan's answer
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Answered on November 21, 2011
Yes they can foreclose on the promissory note. The home was the only thing that the creditor can use to repay debt and probate is their last chance...
Archived
Why did personal representative withdrew inventory and appraisal forms?
Evan's answer
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Answered on November 18, 2011
The personal representative is liable if they did anything wrong concerning the estate. As co-representative you have power to step in and...
Archived
Out of state heir steals estate property and takes it to another state. PR does nothing to stop it. What can other heir do?
Evan's answer
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Answered on November 06, 2011
You may be able to get the personal representative removed by the probate court if the court deems the actions not proper. This may cost the estate...
Archived
What does it mean"Summons and Electionby Surviving Spouse to take Elective Shareand Statement of Creditor's Claim?
Evan's answer
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Answered on October 30, 2011
The elective share in South Carolina is 1/3 of the probate estate. As long as the marriage was still in place she has standing as a surviving...
Archived
Is there a way to reject or release obligation to an inheritance?
Evan's answer
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Answered on October 30, 2011
In South Carolina you can make a disclaimer. This means what you would have received would go to any children you have or to the residuary of the...
Archived
Proof of Publication in Florida
Evan's answer
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Answered on October 21, 2011
Contact the probate court in county in Florida the estate is being probated. They can advise you to the best course of publication and they usually...
Archived
Gardianship over spouse with mental illness
Evan's answer
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Answered on October 16, 2011
You will most likely have to start guardian and conservator proceedings in the Sumter county probate...
Archived
My sister may have power of attorney of our mother, does that mean she can buy a house for herself with our mothers money?
Evan's answer
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Answered on October 13, 2011
Based on the facts you have given you may have grounds for estate litigation. This could be in the form of a will challenge for undue influence....
Archived
Is there a good reason why I cannot see My Fathers Trust after his death?
Evan's answer
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Answered on October 13, 2011
there is not a good reason why you should not be able to see your father's trust. If you are named in the trust you have a right to know the terms...
Archived
Is it possible to ask and get an advance from a Trust?
Evan's answer
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Answered on October 12, 2011
Yes it is possible to get an advance from the trust. It depends on the terms of the trust or what the trust says about distributions and how they...
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