Archived
Can my wife contest her mother's will when it renders the property useless and causes a conundrum for the family
Ian's answer
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Answered on October 24, 2016
There isn't enough information here for an attorney to answer your question. You should sit down with someone to have them review the will and what...
Archived
If husband & wife purchase a home while married in IL and move to SC what is the wife entitled to and does she need a SC lawyer?
Ian's answer
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Answered on September 21, 2016
I agree with the other attorney. You need to figure out where to file and that question may require the consultation of an attorney. After 25 years...
Archived
If you know for a fact that someone has a deceased persons will in their possession and they don't file it, how can I report it?
Ian's answer
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Answered on September 21, 2016
SC Code 62-2-901 addresses this issue. It is a serious matter and a person witholding a will faces contempt of court which is usually jail or a...
Archived
In Probate court, does the testimony of an expert witness (doctor) bear more weight then the testimony of the defendants ?
Ian's answer
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Answered on September 18, 2016
Generally, the weight of any testimony will be considered by the trier of fact or judge in Probate Court. You may never know what weight they gave...
If you win an appeal in probate court, are you entitled to attorney's fees?
Ian's answer
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Answered on September 18, 2016
Attorneys fees are not automatically awarded. With an appeal, the Probate Court would only have the jurisdiction given to it by the appellate...
Archived
What is going to happen with my four children.
Ian's answer
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Answered on September 15, 2016
The prior attorney is correct. You need an attorney. You should get one now. If your are not yet in court and can hire one, find a family law...
Archived
How can I get a duplicate sc car tag for my deceased mother's car?
Ian's answer
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Answered on August 22, 2016
Registration of vehicles will be the responsibility of a personal representative, normally. So, whoever was in charge of the estate needs to change...
Archived
Is income tax refund part of personal property if not listed to one certain person in a will?
Ian's answer
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Answered on August 22, 2016
I agree with the prior attorney, and those same rules apply in SC. Generally all of the personal property is lumped together, but a specific gift...
Archived
In South Carolina, what happens if Heir signed a "Receipt and Release" in 2009, but Personal Administrator never sent a check?
Ian's answer
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Answered on August 17, 2016
The prior attorney is correct, in that you have options to get this corrected.
A consultation with an attorney would be best. There may be...
Archived
While My Mothers Estate was in Probate, An Ex Boyfriend Removed All Contents from a Safety Deposit Box
Ian's answer
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Answered on August 15, 2016
The prior attorneys are correct, and the PR has the ability to recover the property if the property is probate property. If you are the PR you have...
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