Father passed away in February 2016. Disabled mother passed away September 2016. Father purchased a very expensive handicapped van one month before his death. As personal rep for his estate, I kept payments up to date thru his estate. Now, mother ...
They cannot force you to personally pay the difference but if there are any other assets in the estate they could file a claim against those assets. For example, if there is a house, a creditor could possibly force the sale of the house depending on the particular circumstances.
She illegally got power of attorney by forging names on legal documents . Her husband forged my husbands name on a piece of property that both his grandparents wanted him to have .And he told us to our faces that he forged it . It was in the will ...
I am not sure if this is a South Carolina question or a North Carolina question since it depends on where the grandparents resided, where the property is located and how long ago all of this happened. A forged deed is void but you will need to retain an attorney to assist you.
I am beneficiary of an IRA. I need advise as to filing for probate.
It is not a probate asset and does not have to be included on the estate inventory submitted to the court.
We live in SC, 2 young children, wife wants divorce, she is bipolar & not on medication. I am trying to be reasonable, fair, & put children interest first. It's is the exact opposite on her side. She works full time as I and we make approx. sa...
The facts are the facts and the judge is going to make a decision based on those facts. In some cases, I prefer to be the defendant since the plaintiff has to present his or her case first but I don't think that it matters much one way or the other. However, in South Carolina, you have to actually be separated in order to file for a no fault divorce so one of you has to move out, at least until the court decides who gets possession of the marital residence. Since there are children involved you do need an attorney to guide you through the process, it is not something to try on your own.See question
OUR MOTHER PASSED IN MARCH OF THIS YEAR. MY STEP FATHER PASSED AWAY A MONTH AND DAY LATER. THE LAWYER THAT DID THEIR WILL. STATES HE CAN'T FIND THE WILL. THAT ACCORDING MY MOM STATES. OUR FAMILY HOME IS IN EQUAL SHARES.TO MY FOUR SISTERS AND I. NO...
The place to start is the deed to the house. It appears from your post that they were tenants in common with your mother owing only one-half of the house but you would need to examine the deed to be certain. In any case, you need to make an appointment to discuss your options with a South Carolina probate attorney. Unless the wills can be located, both estates will pass by the laws of intestacy and his children will be entitled to his portion, if any, of the home.
We have been married almost 17 years. Didn't really see it coming. We have 3 children. 2 are adults now, her's from a previous marriage. We have one daughter who is 16. The daughter is living with me in the family home.
The other attorneys are absolutely correct. With child custody issues and an at fault divorce action you need to retain an attorney to advise you. You have other things to take care of rather than trying to navigate the family court system on your own.See question
My dad passed away in 10-03-15. My brother was made power of attorney in 2014 and in July 2014 he put my daddy in a nursing home because of alziemers. I just found out that my daddy signed everything over to my brother. House, money CD'S. EVERYTHI...
As the other attorneys have stated, it is very difficult to contest a will and change of beneficiary designations.
You will need an attorney to assist you. Since your brother had a power of attorney there would be a question of whether he violated his fiduciary duty under the power of attorney.
Grandmother passed away, with no legal will. Her home was left to her as a life estate and now goes to her step daughter. All she has are possessions in the home like trinkets, jewelry, televisions, movies, furniture, and a vehicle. She had no deb...
In order to transfer the vehicle, you will need to file a Small Estate proceeding with the probate court assuming that the total value of her personal property was less than 25,000.00. That will be required by the DMV. You can get the forms from the court.See question
I gave full poa to my friend 5 years ago and gave a will to my sister a few months ago. is that will valid
Attorney Cross is correct, as long as the will is properly signed and witnessed, it is valid. If you are concerned about the Power of Attorney, you can always revoke it. You also need to execute a Health Care Directive (Living Will) if you have not done so.See question
We were married 13 years of which I Never worked
Whether to award alimony and the amount is up to the discretion of the judge and depends on a number of factors which are:
(1) duration of the marriage;
(2) physical and emotional health of the parties;
(3) educational background of the parties;
(4) employment history and earning potential of the parties;
(5) standard of living established during the marriage;
(6) current and reasonably anticipated earnings of the parties;
(7) current and reasonably anticipated expenses of the parties;
(8) marital and nonmarital properties of the parties;
(9) custody of children;
(10) marital misconduct or fault;
(11) tax consequences; and
(12) prior support obligations; as well as
(13) other factors the court considers relevant.
For a full discussion on the award of alimony see the link below.
I would suggest that you contact a divorce attorney for assistance. There are a number listed onSee question