Archived
If my father died without a will and had no assets but 2 bank accts in his and my name do we need to go through probate?
Evan's answer
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Answered on April 29, 2013
If the accounts were jointly held then they are not a probate asset and they should transfer automatically to the surviving account holder.
Life...
Is will legal if ,when you sign,you're heavily medicated-prescribed, near death-attorney aware of this-was this legal?
Evan's answer
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Answered on April 22, 2013
Heavy medication may invalidate the capacity to make a will under the sound mind standard of South Carolina. There may also be a undue influence...
Archived
WHATS THE COST OF DIVORCE IN SC IF THE WIFE IS NOT WORKING AND HAS NO INCOME
Evan's answer
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Answered on April 08, 2013
Try contacting
South Carolina Legal Services (Charleston Office)
2803 Carner Avenue
North Charleston, SC 29405
Phone:...
Archived
My husband of 30 years put his son over him as power of attorney!! What does this mean for me as his wife?
Evan's answer
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Answered on April 07, 2013
A power of attorney allows an agent, in this case his son, to be appointed to manage a principal's assets and if it is durable then even after they...
Archived
If a home is being sold to satisfy probate on a personal loan, do fees accrue during probate?
Evan's answer
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Answered on April 04, 2013
Fees accrue during probate the same way they normally would. The estate would owe the fees and assets of the estate can be used to pay them. The...
Archived
Husband died in Jan 2013. Sold our house and want to give son who has taken care of us for many years gift.
Evan's answer
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Answered on April 04, 2013
Before making any gift that could potentially interfere with SSI or Medicaid benefits it would be recommended that you meet with an estate planning...
Archived
If a person die before their home is paid off and one of their family paid off the home can that person file for legal owner?
Evan's answer
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Answered on April 02, 2013
The home will most likely have to go through the probate court to change title from the deceased person's name to the heirs. Once the heirs get...
Archived
Can I contest a will that was misrepresented by the attorney that wrote it and can that attorney be charged with fraud misrep?
Evan's answer
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Answered on April 01, 2013
A will in South Carolina may be contested if there was fraud or undue influence and possibly not capacity to make a will present.
An attorney...
Can a Personal Representative assign their duties to another person via a POA in South Carolina
Evan's answer
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Answered on March 27, 2013
The probate court would have to approve the transfer of duties of a personal representative. This can be done if the original pr resigns and there...
Our home loan is in my husbands name. I am on the deed. He refuses to make a will. What happens if he should die before I do?
Evan's answer
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Answered on March 27, 2013
If your name is on the deed then if it is in both of your names and is in joint tenants with right of survivorship then the property would pass...
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