Many people never create a valid last will and often those that do then forget to update them. Luckily, South Carolina law provides a remedy for spouses who marry and later learn that their husband or wife had a will in place before the marriage that was never updated. South Carolina Code §62-2-301 states in [...]
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 [...]