Archived
My father has about $1million in owned real estate, along with a new wife and child? Am I entitled to anything upon his death?
David's answer
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Answered on October 21, 2015
If your father had a valid will, you would entitled to whatever he left for you in the will. If he did not have a will, his spouse would receive...
Archived
Conservator Appointment
David's answer
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Answered on January 09, 2015
If your minor child has an interest in the property, you will need to be appointed as Conservator to transfer title and possibly handle any...
Can I get a quitclaim deed or must I go through probate first for heirs property?
David's answer
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Answered on October 10, 2014
You will most likely need to open an estate for your father to transfer any interest in real property he held at the time of his death. You should...
Archived
Needing help With Probate Court (Parents)
David's answer
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Answered on September 24, 2014
Try contacting the Legal Aid office in your area. If your mother cannot afford a lawyer, she may be able to qualify for free assistance.
Archived
Can a divorced spouse receive life insurance if named as the beneficiary in South Carolina without a will?
David's answer
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Answered on August 28, 2014
There has been a recent code change that purports to block a divorced spouse from receiving life insurance proceeds absent another agreement--see...
Archived
Can a will be probated before the deceased dies
David's answer
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Answered on August 21, 2014
It is unclear what you mean by "probated." Your Will is not effective until you die, and someone would have had to provide proof of your death to...
Archived
In the state of South Carolina is the common law spouse entitled to anything? ?
David's answer
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Answered on July 17, 2014
You must petition the Probate Court asking that it recognize your common law marriage before you will be entitled to anything. You only have a...
Archived
Can we sell mother's house in Columbia, SC during probate?
David's answer
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Answered on July 17, 2014
If the Will specifically grants the Personal Representative the authority to sell real property, petitioning the court for approval of the sale is...
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Archived
Getting married soon. How do I ensure new husband will have access to home in event of my death?
David's answer
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Answered on June 03, 2014
You may also be able to achieve your goal by granting your husband a life estate via a will or new deed. You should consult with an experienced...
Archived
Why is a hand written will not reconized in the state of sc.
David's answer
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Answered on May 22, 2014
In South Carolina, there is no direct prohibition of handwritten wills. The execution statute (SC Code Section 62-2-502) requires that a will be...
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