QUESTION

My wife recently died without a will. Do I need a lawyer for the probate?

Asked on Nov 16th, 2012 on Trusts and Estates - South Carolina
More details to this question:
All assets were jointly between her and me with an "or" between the names. I am in South Carolina.
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1 ANSWER

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
Answered on Nov 19th, 2012 at 12:10 PM

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