Skip to main content

Nearly 6 months ago My Father passed. Our sister was appointed PR in charge of dispersing personal property..

York, SC |

2 cars and a boat to our brothers. She refuses to sign over the titles, what can we do?

+ Read More

Attorney answers 2


There are a lot of things that have to be in place and to happen before property can be dispersed.

Assuming, there was a will, probate can take up to (and beyond if necessary) a year. Within the first six months the estate must both give notice and wait for claims of creditors to come in. Then the is a process by which the creditors claims have to be approved. After that there is an order by which creditors and others are paid from the estate. The personal property of an estate including cars and boats may be sold if there is not enough other assets to use to fulfill creditor's claims.

There are many other steps and issues that can both prolong and complicate the settlement of an estate. Here's a good overview:

Hope this helps.

Ian A. Taylor
The Taylor Law Office L.L.C.
Pawleys Island, SC

The Rules of Professional Conduct for my state only allow me to provide general legal information regarding your question. I am unable to offer my services directly or specific answers to your question. The information provided is not intended to create an attorney/client relationship and shall not be construed as legal advice. Therefore, the resources or information given is provided as general information only. I caution Askers not to attempt to solve individual problems upon the basis of the information contained therein.



Everything has been finished including taxes. There was a 3rd car in which her son received and he has already sold it. She has not cooperated with anyone including our lawyer. She was also in charge of emptying the contents of his house and she refused to do that, I had to do it. Do we have a leg to stand on legally, What can we do?


If she was appointed PR then the estate is probably still going through the probate process. In a typical probate situation the creditors get eight months of notice to make claims against the estate before any property can properly change title from the deceased. Since it has only been six months since your father passed then there has not been sufficient time.

After this time has passed and she still refuses to sign the titles over according to will or intestate succession ( no will) then contact the probate court and possibly a probate attorney.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate personal injury accident and divorce and family law. For further information visit his website at . Follow on Twitter!/ekglaw Like on Facebook . Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at <>.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer