Estate Planning in South Carolina | SC Legal Resources | FastCounsel

Diminished Value Claims in South Carolina: How the Process Works After an Accident

FAQ — What happens when you seek diminished value after a car accident in South Carolina? Short answer: After an accident you can seek the difference between your vehicle’s pre-accident market value and its market value after repairs (diminished value). In South Carolina you typically assert that claim against the at-fault driver’s insurer as part […]

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How to File a Loved One's Will When Someone Refuses to Produce It — South Carolina Probate Guidance

This FAQ explains, under South Carolina law, practical steps you can take when someone (for example, a step-sibling) refuses to turn over an original will so it can be filed in probate. This is educational information only and is not legal advice. For guidance tailored to your situation, consult a licensed South Carolina probate attorney. […]

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Life Estate Repair and Care Obligations in South Carolina

Understanding Duties of a Life Tenant: Care, Repairs, and Legal Responsibilities in South Carolina Detailed Answer When someone holds a life estate in South Carolina, they have the right to possess and use the property for the duration of their life. That right comes with legal obligations. A life tenant must use the property reasonably, […]

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What Happens After the 90‑Day Waiting Period for an Unclaimed Property Claim — South Carolina

What Happens After the 90‑Day Waiting Period for an Unclaimed Property Claim in South Carolina? Short answer: After the South Carolina Treasurer’s office completes its 90‑day review period, the office will either pay a valid claim, ask for more documentation, deny the claim with an explanation, or open a follow‑up review if there are competing […]

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How to Prove Undue Influence or Lack of Capacity in South Carolina Wills

Detailed Answer This article explains, in plain language, what kinds of evidence commonly prove undue influence or lack of testamentary capacity for a will under South Carolina law. It assumes no prior legal knowledge. This is educational only and not legal advice. Consult a lawyer if you plan to challenge or defend a will. How […]

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How to File a Special Proceeding to Recover Foreclosure Surplus Funds in South Carolina

How to File a Special Proceeding to Recover Foreclosure Surplus Funds in South Carolina Short answer: If a foreclosure sale produced money in excess of the debt (a surplus or overage), the former owner or any junior lienholder may be able to recover that money by filing a verified special proceeding in the county where […]

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Can a consent order be used to skip the court hearing and distribute the sale money by agreement? (SC)

FAQ: Consent orders and distributing sale proceeds under South Carolina law FAQ — Consent orders and distributing sale proceeds under South Carolina law Short answer: Yes — in many civil cases in South Carolina parties can present a written consent order asking the judge to sign it and thereby avoid a contested hearing. However, a […]

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What can I expect as a timeline for an initial insurance offer after we send a demand in SC?

Timeline for an Initial Insurance Offer After a Demand — South Carolina Summary / Quick answer: After you send a written demand to an insurer in South Carolina, you can reasonably expect the insurer to acknowledge the claim within days to a couple of weeks, to request records or additional information within two to four […]

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What Happens if a Will Is Lost or Destroyed in South Carolina (SC)?

Lost or Destroyed Wills: How South Carolina Handles Missing Testamentary Documents Disclaimer: This article is educational only and is not legal advice. I am not a lawyer. If you have a real case, consult a licensed South Carolina probate attorney about your situation. Detailed answer: What happens in South Carolina when a will is lost […]

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How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? (SC)

Detailed Answer Short answer: A personal representative (executor or administrator) confirms a probate case is closed by obtaining the court’s final order or discharge and by keeping copies of all final filings and receipts. To confirm a trust has been properly funded, the representative (or successor trustee) must verify that each asset named in the […]

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