It’s not uncommon for one or more of the heirs or devisees of an estate to be unhappy with the Personal Representative(s). Sometimes, they have a very good reason to be discontent, but on other occasions I find that decades of family disharmony, jealousy and miscommunication are simply rearing their head again after someone passes [...]
While the majority of estates where there is no will are handled by the first portion of S.C. Code §62-2-103, there are situations where there are no takers and we must go further to find an heir. A common example is the death of a minor child. S.C. Code §62-2-103, in relevant part, states the [...]
It’s human nature after the death of someone to be curious as to whether or not you might be an heir to their estate. But, before you quit your day job and rely on living off of an inheritance, you need to know the actual likelihood of you receiving anything at all. The first question [...]
Once serving as the Personal Representative, it will be necessary to take an inventory of all assets owned by the decedent at the time of his or her death. These items have to be recorded on the state approved form 350 PC (located here). Before attempting the paperwork, it’s essentially that the Personal Representative follow [...]
This post discuss a vital duty of Personal Representatives – the duty to inform the heirs and devisees.
As explained in a previous post, an estate must be opened in the county of domicile of the decedent. While people may have many residences, each of us only has one domicile. The court will determine the domicile of the decedent by looking at the following: 1) The address used on government documents such as [...]
Common law marriage – alive and well in South Carolina.
Perhaps one of the most common questions when people start the probate process is, “Exactly how long is this going to take?” Unfortunately, the answer to this question is very specific to your case and often beyond the control of your attorney. And perhaps the biggest factor in determining when the estate can close is [...]
Part II of this discussion on who serves as P.R. if you don’t have a will discusses the issues of divorce, minor children and common law marriage.
For an estate to be opened, there must be someone named as the Personal Representative (formerly called an Executor or Administrator). This person is responsible to the court, creditors of the estate and the heirs to ensure that the estate is properly managed and distributed. Luckily, there are many estates where the court does not [...]