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Tiffany Nicole Provence

Tiffany Provence’s Answers

28 total

  • Will I lose her?

    Will I lose my daughter because I smoke? She's a smart happy growing toddler and loved very much from my mother and I. My daughter has been in my care without any help from the father since she was born and he is claiming he is going to take her f...

    Tiffany’s Answer

    Your question is difficult to answer because the role of a Family Court Judge is to take ALL matters in to account and make a decision that's in the child's best interest. As I'm sure you understand, use of an illegal drug (especially in the presence of or while taking care of your daughter) will be a factor to be considered. As for advice on what you need to do, I can imagine almost any attorney is going to tell you that the easiest solution to is stop smoking marijuana immediately. That being said, a competent family court attorney will assess all factors in your case and also determine what support you should be getting. Many great family court attorneys offer low cost consults. I would highly recommend getting one to avoid being subjected to threats regarding custody.

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  • Can I file pro se, a petition for partition in heirs property?

    There is a deed on distribution on file, however one party, playing hardball, stands in the way of agreeing to surveying the land and or dividing it up, when we have rights to this land. We have sent a letter stating what could happen if they ref...

    Tiffany’s Answer

    Is the matter still open in Probate Court? There are multiple ways to tackle this issue (one of which is a Right to Demand hearing prior to the closing) that you may be able to handle pro se. However, if the deed has already been filed and the estate is closed, then a Petition for Partition is likely necessary. Although not impossible, it is often very difficult to handle these matters pro se as they require multiple legal documents. I agree with the others that an attorney is likely necessary. Gather your documents and get a consult with someone who handles both estates and property issues.

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  • My fathers estate has been closed since oct 23 2014, power of estate is no longer communicating with me anymore avoiding contact

    since the estate has been close and we signed paper work, he has been avoiding communication with us. Before the estate was closed they entered the residence and removed house hold items without consent from me or my sister, at the beginning of al...

    Tiffany’s Answer

    You need to start by going to the Probate Court in the County where the estate is being administered. Ask to review the file. This will tell you if the estate has actually been closed or not. The estate should not be closed until you sign a document (receipt and release form) stating that you've received what you are entitled to. A full review of the file will answer many of your questions. If the estate has been struck (closed by the Court for inactivity), you as an heir can reopen the estate and become Personal Representative. You have several options but first need to inspect the file to be sure you understand what has really happened. It sounds as if you might need to bring an action to have the Personal Representative removed if the estate is still open.

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  • How can I obtain a copy of my grandmothers will?

    My grandmother died March 22, 2014. She had told me her wishes in her will. My uncle was executor of the will. I was contingent executor. Land and house were to be sold and split 5 ways between 3 children and 2 grandchdren. Recently land has been ...

    Tiffany’s Answer

    In South Carolina, a will is filed in the Probate Court after someone has passed. If your Uncle is acting as the Personal Representative, you first need to go immediately to the Probate Court in the County where your grandmother died and look at her file. You may request a copy of the will (the court will charge you a nominal fee). While you are there, you should look at the other filings with the Court to make sure he has done what your alleging. The estate inventory (which is filed 90 days after someone is appointed as Personal Representative) should list the property she owned at the time of her death. If the land is not on the inventory, then there is a very good chance your Uncle transferred the property before her death and you may have a cause against him for a violation of his fiduciary duty to your grandmother. The fact that he put the land in his wife's name (rather than his own), does not change the obligations he had. If this is the case, your issue is no longer a Probate Court matter and you need to bring a civil action against him. This will require an attorney. Look for one with civil and probate court experience.

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  • What can I do to make sure I get my inheritance?

    My Dad killed over year ago ,he had over 75 rentals, $5,000,000 and Now my sibling are take all the rent money, they took most of the money that found on him. my half sister (from my mother) and my older brother are the PR's for the estate and she...

    Tiffany’s Answer

    • Selected as best answer

    I am assuming this is a SC estate - if not, this answer might not apply.

    There are several steps you can take. First, you can file a Right to Demand Notice form in the Probate Court that requires the Personal Representative to keep you informed of the estate filings. You can also go to the Probate Court and review the file to make sure that you have been listed as an heir and that your siblings are in fact the Personal Representatives (as opposed to just claiming they are). Lastly, don't rule out the need for an attorney. Many attorneys will offer you a free consult and if you are in fact entitled to funds from the estate, they may agree to get paid when you get paid!

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  • On 10/6/2014 my mother passed away. In her will it states that, all of her property both real and personal bequeathed to her

    husband . Should he predecease me, then it will be to my sons, Ronald Lee Howard and Daniel Ray Howard to be theirs absolutely, share and share alike. Her husband is still living. Do we need to go to probate since our father is still living and al...

    Tiffany’s Answer

    • Selected as best answer

    If your father is the primary beneficiary and you have no grounds (incapacity, undue influence, etc.) to contest the will, then it is not necessary that you and your brother actively participate in the probate process. However, your father will have to take the will to Probate Court and become the Personal Representative of the Estate. This can only be avoided if all of the assets (home, truck, bank accounts, etc.) are titled jointly with rights of survivorship. A local probate attorney should be able to sit down with your father and review the assets to make this determination.

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  • I'm a French citizen but USA resident

    Can I be involuntary COMMITED to a psychiatric hospital?

    Tiffany’s Answer

    Your residency status does not alter the Court's ability to involuntarily commit you. They can commit anyone, upon the Petition of another party, that is a danger to himself or others.

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  • What is considered abandament in the state of South Carolina? do i need a lawyer to get divorced?

    Have been married almost 13 years w/3 kids. The arguing is really scaring my kids. Have seperated in the past for about 8 months. Bottom line I AM NOT HAPPY. this marriage has also took a toll on my imeditate family. Any advice is much ap...

    Tiffany’s Answer

    The situation you described does not meet the requirements for abandonment (aka desertion) in South Carolina. To obtain a divorce based on desertion, the spouse seeking a divorce must show that the period of abandonment lasted for at least one year. Your question implies that the spouse is still around (hence the arguing) and therefore this is not desertion. Desertion is VERY different from separation and it's important not to confuse the two. The South Carolina Bar website provides a good packet for self-help divorce information but it's very likely you will need an attorney. While not required by the court it's incredibly difficult to navigate all the issues of custody, support, visitation and proper division of assets without legal counsel.

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  • Can you be with someone that's 28 if your 17 by law in south Carolina?

    can you be in a relationship and have sex with them.

    Tiffany’s Answer

    Assuming you are asking about consentual sexual relationships, the age of consent in South Carolina is 16. Therefore, sex between a 17 and 28 year old is not statutory rape.

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  • As an adult that has been adopted, is there anyway I can have my biological parents named a my parents if they both are deceased

    I no longer want to be associated with my adoptive father i any way.

    Tiffany’s Answer

    Perhaps you can explain WHY you would want to do this. Legally, you can only have one father and mother. If you were legally adopted by your father then you must terminate his relationship before another father can be "named." That being said, I completely agree with the previous answer as to there being much less expensive ways to accomplish whatever goals you may have. Furthermore, it's very hard to restore legal rights to someone who is now deceased and difficult to understand why you would want or need to do so.

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