South Carolina Estate Litigation Legal Questions

I'm sorry for your loss.  If your parents died without Wills, the law of intestacy in the state where they lived determines who has the right to their probate assets.  It sounds like it is you and your brother, along with any other siblings or the children of any deceased sibling.  It sounds like their addition to your brother's home and paying off his mortgage were gifts as the house is in your brother's name, so those are not probate assets.  Their personal belongings are, unless they gave them to your brother while they were living.  So are any bank accounts or other assets that were just in their names. ... Read More

This answer does not create an attorney/client relationship.  I am a S.C. lawyer and board certified internist.  In my opinion your closing attorney is responsible for taking care of this mess, as he was not there for mere decoration.  If you did not have a closing attonrey supervise this sale, you need to now hire an attorney to protect your interests. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

dying with a will is called intestate, dying without a will is called intestate. every state has an intestate statute that determines to whom property goes to when there is no will. this law is called the intestate succession statute in my state. he would probably inherit at least a percentage of her estate under the intestate statute, but you really need to ask a local SC lawyer. ... Read More

This answer does not create an attorney/client relationship.  Assuming what you say is true, the lawyer is in contempt of court (disobeyed a court order).  I am a S.C. lawyer and board certified internist in S.C.  My suggestion would be have your aunt hire a lawyer to protect her interests. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

Wow, quite an interesting story. The toughest thing for a lawyer to do is answer a question like this without reading thoroughly through the estate administration of your mother's and the method and means used for the insurance proceeds to be paid to the estate. On it's face, the fact that you and he served as co personal representatives, and the estate administration is settled, would suggest your mother's surviving spouse (he is no longer your step-father technically) will be unsuccessful should he assert a right to any additional assets of the estate, including the insurance proceeds.  Please note this is a general answer to a general question, and no attorney client relationship is nor should be construed to exist between you and me or our firm.... Read More

If your mother was not married, it is most likely you and your siblings are going to inherit her estate in equal shares, including the house. This can only happen when one or all of you hire a lawyer to open a probate in Court. You must open probate to determine who inherits, but from the few facts presented, you will not obtain title to your mother's house without the participation and agreement of your siblings. It would be best to hire an experienced estate attorney to help you through the court filings and procedures. Each state has laws about how property is distributed when someone dies without a Will. Each state also requires a court to process that person's belongings so a judge can order who now inherits or owns the property.During the probate process a judge will order the titles to everything your mother owned (whether by deeds, contracts, or joint ownerships) to be put into the names of the people your state's law says can inherit. Only when the judge orders the retitling can property of any kind - a house, car, bank account, art collections, etc. - be owned by someone besides the person who died while owning it.So, you see that you are not able to just put the house in your name. You must file probate for your mother's estate so the judge can make the required court order that each item of her property goes to the person(s) your state law says are to inherit. Please see a local estate attorney for help with probating your mother's estate. Next, spend some time with your attorney to make your own estate plan, because you can prevent your family from having to go through the time and expense of probate. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com ... Read More