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South Carolina Probate Legal Questions

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58 legal questions have been posted about wills and probate by real users in South Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
South Carolina Probate Questions & Legal Answers - Page 2
Do you have any South Carolina Probate questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 58 previously answered South Carolina Probate questions.
Wills and Probate
South Carolina

Recent Legal Answers

What to do when my brother, who is the PA of my mothers will , has not handled her estate a year and a half after her death?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
If you have a copy of the Will, hire a local probate lawyer to submit it to probate. If you do not, hire a local probate lawyer to file the SC equivalent of an Application for Determination of Heirship and Issuance of Letters of Administration and settle your mother's estate (50-50 after paying debts).... Read More
If you have a copy of the Will, hire a local probate lawyer to submit it to probate. If you do not, hire a local probate lawyer to file the SC... Read More

how can I prevent siblings from removing deceased dads property in home of mom who has dementia

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Report this to Adult Protective Services and contact an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Report this to Adult Protective Services and contact an elder lawyer.  You can find one near you on the website of the National Academy of Elder... Read More

Can I be forced to pay rent if I own half of the house, live in the house & pay all taxes & maintence

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer
As you write, you own half the house.  You are a tenant of the other half.   Tenants normally pay utilities.  Landlords (you, your aunt and uncle) usually pay taxes and repairs.  Keep good records.  Pay what you owe and make sure they do the same...or buy them out.... Read More
As you write, you own half the house.  You are a tenant of the other half.   Tenants normally pay utilities.  Landlords (you,... Read More

Hello my father died and me and my bro are drivers of the car would I be risking anything if I drive it before probate court

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
It is not your car until the person appointed by the probate court to settle your father's estate distributes it to you and changes the title with the DMV.
It is not your car until the person appointed by the probate court to settle your father's estate distributes it to you and changes the title with... Read More

How do I get out-of-state property put in heirs’ names after parents’ estates have been probated?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
The clerk is correct,  Exemplified copies of the Orders and Wills must be presented for an auciliary probate in Michigan.  The cost and procedure vary.  Find a probate attorney in the county where the property is located.
The clerk is correct,  Exemplified copies of the Orders and Wills must be presented for an auciliary probate in Michigan.  The cost and... Read More

What can I do if no one has put my grandmothers will through probate in two years?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
If there is a Will, you can ask a local probate lawyer to help you probate it. If there is no Will, it is likely that your mother and her siblings, not you, are the heirs whether they acquire title through a court heirship proceeding or an Affidavit of Heirship.  
If there is a Will, you can ask a local probate lawyer to help you probate it. If there is no Will, it is likely that your mother and her siblings,... Read More

My mothers estate closed i am an heir never recieved the property willed to me?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
If you were a beneficiary under a Will and received no distribution, ask a local probate attorney whether enough time has passed for you to request an accounting.  Note that the accounting may well show that the property had to be sold to pay debts.
If you were a beneficiary under a Will and received no distribution, ask a local probate attorney whether enough time has passed for you to request... Read More

Can a person have a personal rep paper overturned they signed

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Only a court can appoint a personal representative.  Hire a local probate attorney and do things right.
Only a court can appoint a personal representative.  Hire a local probate attorney and do things right.

Can a lawyer be sued?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes.  You may need a receipt for the cash.   You can also file a complaint, called a "grievance". with the state bar.
Yes.  You may need a receipt for the cash.   You can also file a complaint, called a "grievance". with the state bar.

Sis took all my money from my dad she my half sister she tells me she has nothing to give my kids

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local probate attorney.  If you were a designated beneficiary, the money should have gone directly to you.  If the estate was the beneficiary, it should have been probated and you should have been given either the amount stated in your father's Will or the amount you are due as an heir.  Whether you then give it to your children is another matter.... Read More
Contact a local probate attorney.  If you were a designated beneficiary, the money should have gone directly to you.  If the estate was the... Read More

If you have been granted an inheritance but it has not yet been distributed and you die, does the inheritance go to the wife or his two grown children

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
That depends on whether he died with or without a Will and, if he died without a Will, on the intestacy laws of South Carolina.  Contact a local probate attorney and settle the entire estate.
That depends on whether he died with or without a Will and, if he died without a Will, on the intestacy laws of South Carolina.  Contact a local... Read More

Can I find out what is happening in probate about my father's death and will

Answered 7 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Once it is submitted for probate (proof that it is genuine, etc.), your father's Will becomes a public document.  Check with the court clerk or look online:  many probate courts now have their records available online.  
Once it is submitted for probate (proof that it is genuine, etc.), your father's Will becomes a public document.  Check with the court clerk or... Read More

Should a law firm be required to correct their own mistakes for free?

Answered 7 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Explain your concerns to the lawyer. 
Explain your concerns to the lawyer. 

If a father dies and leaves behind two children and their mother (whom was not married to him), would the children be considered the next of kin?

Answered 9 years and 5 months ago by attorney Christopher Patrick Biering, Esq.   |   1 Answer
Provided the father was not married to another woman, his children would be the sole heirs. The appointment of personal representative could give preference to a parent or sibling.  Regardless, the mother of the heirs has a strong case for apointment as personal representative of estate.   ... Read More
Provided the father was not married to another woman, his children would be the sole heirs. The appointment of personal representative could give... Read More

can I contest my father's will.

Answered 10 years and 5 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer
Debts have to be paid before one receives anything from an estate, assuming that the debts are submitted within the probate code statute of limitations.  One must assume that one of your sisters is the named personal representative in the will, as you make no mention of the personal representative.  If your sisters paid their share of the debts (you should ask for receipts) it would be proper to deduct that amount from your share on a pro rata basis.  If the child was not named in the will, he gets nothing, but I suggest you consult an attorney to protect your rights in all of the above questions.  This answer does not create a lawyer/client relationship. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D. www.michaelsribnicklaw.com... Read More
Debts have to be paid before one receives anything from an estate, assuming that the debts are submitted within the probate code statute of... Read More

how much for a simple will

Answered 10 years and 9 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer
This is usually done on a hourly basis and depends on how much time it takes the lawyer.  Thus the cost would be the lawyers hourly charge x the number of hours spent. Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com  
This is usually done on a hourly basis and depends on how much time it takes the lawyer.  Thus the cost would be the lawyers hourly charge x the... Read More

What kind of lawyer do I need?

Answered 11 years and 5 months ago by Mr. Hugh L. Harrelson, Sr. (Unclaimed Profile)   |   1 Answer
You need to call me, Hugh Harrelson,on Thursday at 803-448-8700 around 11:00 to 12:00 noon. I need more info. About your case before I can answer your question. Thanks!
You need to call me, Hugh Harrelson,on Thursday at 803-448-8700 around 11:00 to 12:00 noon. I need more info. About your case before I can answer... Read More

Sale of home that was in probate

Answered 11 years and 9 months ago by Mr. Hugh L. Harrelson, Sr. (Unclaimed Profile)   |   1 Answer
Somewhere between 8months to 1 year
Somewhere between 8months to 1 year

Old will vs new will

Answered 11 years and 9 months ago by Mr. Hugh L. Harrelson, Sr. (Unclaimed Profile)   |   1 Answer
what did the court tell you was their reason for not honoring the will
what did the court tell you was their reason for not honoring the will

when im the excutor of the will, can my brother sell timber and keep proceeds without my consent?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer
 You don't supply enough information to respond. I will assume the timber is estate property. If it is, and you are executor, he shouldnt be selling or keeping proceeds. The timber belongs to the estate, not him. This is of course if the will doesnt permit him to do so. 
 You don't supply enough information to respond. I will assume the timber is estate property. If it is, and you are executor, he shouldnt be... Read More

How do you find out if there is a will as well as collect deceased father property?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer
You need to check his personal belonings, ask family, or check to see if he had a lawyer and ask the lawyer. Wills are not filed until death, in most states, and are kept by the person or their next of kin or trusted friend. 
You need to check his personal belonings, ask family, or check to see if he had a lawyer and ask the lawyer. Wills are not filed until death, in most... Read More

My NY aunt died in S.C. in March 2013 and her will was kept in TN and has not been probated by the executor, a relative. Can we demand action?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer
If you are being ignored you may have to get a lawyer. I would call a local SC lawyer at first. In my state, jurisdiction' would be where her "residence" was, which I am guessing is SC. If she had real property in other states, you may need to open an ancillary estate in those other states. It may be that none of her property is "probate" property, like assets with listed beneficiaries and joint accounts, and is being distributed directly to the bens or joint tenants without opening an estate. A lawyer can sort this out for you and if necessary, write to the executor. ... Read More
If you are being ignored you may have to get a lawyer. I would call a local SC lawyer at first. In my state, jurisdiction' would be where her... Read More

Law Firm out of business, I only have one original copy of the will. Where can I obtain another copy to file in both states where I have property?

Answered 12 years and 5 months ago by attorney Karen McManaway   |   1 Answer
In South Carolina you can use a copy of a Will.   However, you will have to schedule a hearing to explain to the court why you do not have the original.  Once the judge hears the circumstances I believe that he/she will accept a copy.  
In South Carolina you can use a copy of a Will.   However, you will have to schedule a hearing to explain to the court why you do not have the... Read More

Do i lose my ligel rights in my father last will.

Answered 12 years and 5 months ago by attorney Karen McManaway   |   1 Answer
Children means all children and includes adopted and afterborn persons.  I have not seen the will, but it is likely a clause added so that any child that was adopted would not be excluded, nor any child that would happen to be born after he wrote the will would be excluded.  If he did it that way he would not have to amend his will if another child/ren happened to be born.  ... Read More
Children means all children and includes adopted and afterborn persons.  I have not seen the will, but it is likely a clause added so that any... Read More

Can a copy of a will be used for probate court?

Answered 12 years and 5 months ago by attorney Karen McManaway   |   1 Answer
The original is preferred, however, a copy can be used but only if the probate judge decides that it can be probated.  A will that is lost or missing is assumed to be revoked.  You will have to file a petition with the probate court and request  a hearing.  You can present evidence and testimony as to why the original cannot be located and the deceased intended for that specific will  to be his/her Last Will and Testament.... Read More
The original is preferred, however, a copy can be used but only if the probate judge decides that it can be probated.  A will that is lost or... Read More
Wills and Probate
South Carolina

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