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Ian Andrew Taylor
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Ian Taylor’s Answers

443 total


  • What does a "Deed of Distribution" mean for me?

    My father died last June 2015. He did not have a will. The estate is in Probate. His wife and I are the heirs. I have been asked to sign a paper from Probate stating that I have received everything I am entitled to. I have received nothing. ...

    Ian’s Answer

    There are a number of issues here and an attorney can fully analyze all of the problems and possible solutions for you. The prior attorney is correct.
    The foreclosure even in probate will not affect you in any way credit wise. The deed of distribution is to release any right, if any, the PR may have in the case and to create a complete chain of title. It is probably required in most estates even with a foreclosure. If you have not received property from the estate, that you should get, you do have a chance to bring the issue to the courts attention.

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  • Do I need a lawyer for a probate hearing? Can we have a subpoena issued for the documents needed for this hearing?

    I requested a hearing with the probate court for my father's estate. I have 2 brothers who were going to handle the process for all siblings. We met and discussed the plan. Unfortunately, they did not include some equipment in their report to the ...

    Ian’s Answer

    You can contest any of the issues here if there is mistake or wrongdoing with the estate. A lawyer can help you review the facts carefully to determine whether or not you can prevail on any of the claims. Probate property should any interest of the deceased and will pass by will or by law if there is no will. The attorney can help you determine if the equipment should be included in the estate, whether the estate should pursue the loan and how all of this should be paid for.

    Good luck,
    ian

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  • Can I keep an inheritance if I file for divorce before it comes?

    Married 7 years, no kids, wife is disabled according to the state. Has never tried to get a job. I have an inheritance of $100,000 coming. She has told me "I will make your life hell until that comes, then I'm divorcing you." What legal ground ...

    Ian’s Answer

    A gift or inheritance to you only is not marital property in SC.

    Hope this helps.
    ian

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  • Am I being sued?

    My grandmother was sued by a debt collector because she cosigned a loan on my behalf. On the summons and complaint, she is the only named defendant. However, there is an affidavit attached to the complaint that names us both as defendants with t...

    Ian’s Answer

    I think the real question is whether or not you were served. If not, you still may want to see a lawyer. There are a number of issues here, even with out more information that you would probably want to talk to an attorney about. You may want to look for a collections attorney and defense practice attorney.

    good luck.

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  • Small estate affidavit

    Hello I live in South Carolina and I went to my court house to file a small estate affidavit and the clerk told me it was illigal for her to give the me small estate affidavit form is that true?

    Ian’s Answer

    http://www.judicial.state.sc.us/forms/

    try this to find an SC form.

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  • How long is a will and testament valid for.

    Hello I live in South Carolina and I'm trying to file a claim on unclaimed property it's a life insurance policy that's in my mothers name but there's no beneficiary on the policy and both my mother and father died a few months apart in 2001 and I...

    Ian’s Answer

    I think that the person you spoke with meant that you cannot open an estate after 10 years from the date of death. You can only determine heirs.

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  • I need help collecting unclaimed property?

    Hello I live in South Carolina and I recently searched their website for unclaimed property I found an insurance policy in My mothers name for the amount of $1500.00 and My mother & father both passed away in 2001 I was left personal representativ...

    Ian’s Answer

    You may not need to open an estate. There is a procedure in SC for collection of personal property by affidavit, specifically designed to get small sums of money, refunds, that sort of thing. Check with the Probate Court in the County where your mother died. They can help with the procedure of getting the proper paperwork to present to the state office.

    Good Luck.

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  • How long does the the officer have to give me the evidence I put in a motion for discovery for ? Dont I need time to review

    I have a case coming up June 30 I filed a motion for discovery June 6 the incident happen April 23 2015

    Ian’s Answer

    Did you get an order on the motion? Normally, discovery is served on another party without the Courts involvement. So, no motion or order is required. If you don't receive the stuff requested a motion to compel is filed to get an order requiring the discovery be produced. 5

    Good luck

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  • How can I find an attorney for my father to help him with a family matter in the Greenville area?

    My brother added his name to my Dad's property without his consent. He had someone working for a lawyer come to my Dad's house without an interpreter and asked my Dad to sign some papers telling my Dad that he was just removing his name from my br...

    Ian’s Answer

    The other attorneys did a good job of explaining your options. You need an attorney for most of the issues. If you believe your brother did something wrong, you may only be able to correct it in Family Court. You would need to prove undue influence or show some sort of incompetence on your father's part before he signed the deeds. A deed of distribution is generated by an estate in the Probate Court to show a transfer of property from the deceased to its beneficiaries. This means there needs to be an open estate and current personal representative to issue a deed of distribution.

    And...depending on when your brother's name was added, you may have trouble or not.

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  • Thee house next door waS purchased for back taxes wat recourse does the deceased owner have

    Empty house next door to us was purchased for back taxes . Wat recourse does the deceased owners family have

    Ian’s Answer

    Your question is a little unclear. However, a deceased person's estate may have options to address the sale of a home after a tax sale. For example, the the owner may redeem their interest within a certain amount of limited time after the sale. Usually, an estate may act to redeem that interest.

    The PR or potential PR on the estate should probably see an attorney to determine all available options.

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