When my father died in 2005 his will stated that on his death all three of the children would receive one third share of the house, which did not have my Mother's name on the title. Now she is 81 years old, has dementia and thinks she owns one th...
Your father's will should have been probated in 2005 and his two thirds portion of the house distributed to his heirs. If this has not been done, then someone needs to take the lead, retain a Charleston probate attorney and file a petition to determine the heirs. Assuming that your mother owns one-third of the house, which appears to be the case, then that one third will be distributed in accordance with her will if she has one or by the SC law of intestacy.
What my siblings and I need is a lawyer to Thoroughly explain what should have been done Regarding our parents estate, and what we can do now. One sibling has moved a non family Member in the house and we need a mediation to explain To a...
If the estate is closed, then the personal representative has no further authority over the estate and everything should have been distributed to the heirs. You can use the find a probate attorney on AVVO to locate an attorney for a consultation. You will need to obtain a complete copy of the file from the probate court located on the second floor of the main courthouse in Anderson assuming that is the court handling the estate.
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