QUESTION
can I contest my father's will.
Asked on Nov 18th, 2015 on Wills and Probate - South Carolina
More details to this question:
My father died in a nursing home. When my sisters had his will probated the nursing home put a claim on his property. My sisters paid the claim and now say if I want my share I have to pay them my part of the taxes and the nursing home bill. I have never seen a bill of any kind. Also the grandson claims he is to get a childs part according to my father's will. The will I saw did not have him listed as a child. What can I do?? If anything.
1 ANSWER
Criminal Defense Attorney serving Charleston, SC
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Michael G. Sribnick, M.D., J.D., LLC
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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
Answered on Nov 19th, 2015 at 3:48 PM