QUESTION

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?

Asked on Dec 08th, 2013 on Wills and Probate - South Carolina
More details to this question:
My NY aunt died at 92yrs and had lived with her sister (89yrs) in SC for about ten years. She owns property in NY state where she lived with her husband, who died in 2001 and had a will drawn there.She and her SC sister would spend part of the summer in NY and return to SC where they lived together. (She stayed in TN for about 6 mos after her husband died and made her TN sister executor and her niece executor in case her TN sister could not carry out duties. The TN sister is now in an alzheimer's nursing home so that her daughter is now executor.) My SC aunt has asked for a copy of the will but has been refused by her TN niece who had also refused to have my NY aunt's social security and pension checks forwarded to SC. (The SS checks were finally sent a few year later but not the pension checks.) We don't know what company the checks were from.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
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. 
Answered on Dec 08th, 2013 at 4:45 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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