South Carolina Trusts Legal Questions

It would seem to me that this would be a matter for the probate court.  This answer, however does not create a lawyer/client relationship and is based on the information provided.  I would advise that you get in touch with the lawyer who drafted the trust document.  You do not give enough information for a definitive answer. Michael G. Sribnick, M.D., J.D. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

Dont call me but ask a local SC lawyer. My guess is that it would be like a normal breach of lease. Under common law in PA, if there is no written lease, each party needs to give 30 days notice. If it took 6 months to get your house back, i would submit a claim to the estate for 6 months of rent and any other costs you had. Normally, you file this claim in the probate office. Alot of times it is a simple form you fill out. You could visit the probate office and see if you cannot handle it yourself, or talk to an attorney down there. ... Read More

I am sorry for your loss.  If your assets were truly held as joint "with rights of survivorship", then probate may not be necessary.  As an example, if you and your wife were both on the deed to your home (or other real estate), unless the deed says you both own it jointly "with rights of survivorship" then you will have to go through probate (SC law deems it as though you each own a 1/2 interest in the home).  You may also want to go through probate to avoid any creditors that your wife may have had for which you are not responsible. My office is in Greenville, SC and would be willing to assist: Daniel K. Hicks Ingersoll & Hicks, PLLC 864-527-5924... Read More

Do these items have titles, and if so, is your name on those titles? Do you have any very strong, independent proof that your grandparents wanted you to have these items, other than your say-so? If you don't have the titles to them in your name or jointly with your grandparents, give your uncles the mower & trailer because you do not own the items. The Will gives your uncles the remaining assets and property (this includes the trailer and mower). They don't belong to you now, and never actually did. Next time someone says they want to give you property like this, ask to be put on the title or buy it from them and transfer the title to your name. Property where you are on the title doesn't go through probate; it simply becomes yours alone when the other joint owner(s) die.The uncles can't hold you up on house & property. The probate judge will order how the property is to be titled and there is nothing your uncles can do to change that. So here are my recommendations:• If you don't hold a title, give your uncles the mower and trailer; the sooner the better.• Apologize to the uncles for being stubborn. You can say you were confused by your grieving and they may actually understand. • Although I doubt this will be necessary, after you have done the right things (above), if they try to hold up the process of distributing the house and property, hire a South Carolina probate lawyer of your own to intercede in your behalf. Grief and shock often make us take offense where none was originally intended. There is no need here to cause irreparable damage to family relationships. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More