I lost my first wife of 50 years the relationship produced 3 children and 12 grandchildren. My current spouse and I have been together 8 years. She has 3 children and 7 Grandchildren and an Income of $60,000. I own two homes primary SC and a se...
In South Carolina you cannot disinherit a spouse. A surviving spouse has a right to claim at least one third of the estate and it does not matter whether she is incapacitated or not. Since it appears that you have substantial assets and they are located in multiple states, you need to consult with a probate attorney, especially if you want to insure that your children receive what you want them to receive.
Stepmother was named as recepient of my deceased fathers estate. Months later a large money fund account was discovered in my father's name...but no benificuary was listed on said market account. This substantal amount is now in probate. My siblin...
I am not clear whether there was a will or not but it seems as if there was. If the will is valid and it leaves his entire estate to your stepmother, then she will receive all of the proceeds from the estate as there is no requirement that the children be left anything. If there was no will, then you and your siblings should consult with a South Carolina probate attorney before signing anything or if you think the will may not be valid.
My former wife left me to move on with her life, we have no kids together but she wants alimony, can she get that.
Here are the factors a South Carolina family court considers in whether or not to award alimony
(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.
Alimony is entirely up to the discretion of the judge so you should consult an attorney immediately.
I was recently stopped for expired tag and was fined less than 100.00. My friend was stopped for the same and the fine is 2400.00. Something doesn't seem right about the situation. My offense was in Lexington County ticket written by Lexington S...
It appears that there may have been more involved than just driving with an expired tag. She needs to consult with a Greenville traffic attorney to discuss her options.See question
lawyer writing the will did a credit check on me and my 3 siblings. He said it came back showing I had a judgment against me. So when my father was leaving the family cottage to the 4 children (my mother is deceased), He left each of the childre...
One easy way to resolve the problem if your children will cooperate is to have then quit claim deed each of their interests in the cottage over to you.See question
My grandmother passed away about 10 months ago. My sister moved in with her in 2006 when she first became ill and has been her primary care giver since that time. Prior to hear death my was told numerous times the house would be hers. That stat...
Unfortunately, your sister may have no recourse unless she is to inherit through the will. A verbal statement concerning real estate is not enforceable except is some exceptional circumstances. Your sister may have an equitable claim against the estate for the value of her services over the last ten years but she only has until one year after the date of death to file her claim. She needs to obtain a copy of the estate file from the Greenville probate court and consult with an attorney as to her options.
I lost my grandmother about a year ago. In her will, all the grandchildren were to inherit monies following the payment of all outstanding debt. The family home in the will was verbally promissed to another family member. I have never personall...
You can go to the Greenville County Probate website and find out if an estate has been opened. If there is a file, then you can go to the probate court located in County Square and obtain a copy of the entire file. The file will include the will and an inventory of the estate. It is difficult to give you any further guidance without more information. Once you know if an estate has been opened or not, consult with a Greenville probate lawyer.
My son's father passed away several years ago without a will. My son was seven at the time. Since this time, his Aunt...my ex-husband's sister has basically left us out of all conversations regarding the estate, and has taken it upon herself to ...
It is highly unusual for a Charleston SC estate to be open for this number of years. The first place to start is at the Charleston probate court in the Historic Courthouse downtown. Have the clerk print out a complete copy of the estate file. Then have a South Carolina probate attorney review the file for you and advise. It does not appear that the aunt or the sister would have any rights to any portion of the estate other than the executor fee. Where there is no surviving spouse and no will, the children inherit the entire estate. You do not need to wait any longer to act.
Me and my husband I get are getting divorce and he did not pay me the last payment which he owed me according to marital settlement agreemen. and this agreement said that whoever fails this agreement will be in charge of the attorneys cost so wha...
Attorney Fender is correct. It depends on whether the agreement was or was not made an order of the court. Assuming that it was a court order, you can send him a demand for payment and if he does not pay file a Rule to Show Cause in the same court that issued the order and ask the judge to hold him in contempt of court. I would advise retaining an attorney to present your case.See question
I was injured in the state of NY while I was married. As a result I lost both of my hips. We moved to SC and then got divorced. Is she entitled to the WC money as part of the divorce. The state of NY is stating no she is not as the payment i...
It appears that you are already divorced. Unless she was awarded a portion of the settlement in the divorce proceedings, then she has no claim on them.See question