South Carolina Probate Legal Questions

Review of wills and tools to distribute assets outside of probate are required to analyze correct estate administration.  In many instances, a will may purport to convey assets that are addressed through tools (trusts, deeds, or direct contractual beneficiary designations).  A full title search and review of filed documents in probate court would be necessary to determine appropriate conveyance of real property after death.... Read More

Determine if an estate has been opened in the County your mother resided at the time of her death.  If one has been opened you need to contest the distribution of estate assets, if probate has not been opened you could file yourself.  Both scenarios based on the contested issues realistically require an attorney.  ... Read More

Submit your mother's Will to probate or, if there was no Will, apply for a determination of heirs.  When the Court appoints you executor or her Will or administrator of her estate, bring an action for wrongful detainer (eviction) in small claims or justice of the peace court and hire the sheriff to put your cousin and his belongings on the curb.... Read More

Not only can you evict him, it is your duty to do so.  File a suit for "wrongful detainer" in small claims or justice of the peace court (depending on what it is called in your state).  If he does not comply, hire the sheriff to physically evict him and dump his stuff at the curb.... Read More

As executor it is your duty to gather the assets, pay the debts and distribute what remains according to the Will.  This includes NOT allowing someone to squat in the home (or evicting them if they do) and selling the home to pay  the debts.  The home must be sold for fair market value, meaning that there must be a public sale, not a "sweetheart deal" with someone.... Read More

I am sorry to have to reply that you must reopen the estate and reopen the estate bank account to deposit the check.  The alternative is to let the estate go to unclaimed property with the state comptroller and after some years (it varies by state) prove that you (and any other heirs) are entitled to the funds.... Read More

A beneficiary can witness a Will if she gives up all her inheritance rights.  The same thing may apply to a notary.  Report the notary to the State Comptroller and take a copy of the Will to a probate attorney who practices in the county in which your father died.  Note that in some states, inheritance is separate property so everything would pass to your uncle.  In other states, the bequests to both your uncle and his spouse would be void and the estate would pass to whomever is named as the remainder beneficiary.  Depending on the language in the Will, the state law and the judge, the entire Will may be void and the estate will pass to your father's heirs at law (including you if his wife is no longer with us.)... Read More