Who Gets Leftover Sale Proceeds When Someone Dies Without a Will — South Carolina
Short answer If a person who owned sale proceeds dies without a will in South Carolina, those proceeds are typically part of the decedent’s probate estate. The personal representative appointed by the probate court (an administrator in an intestate case) collects the funds, pays debts and taxes, and then distributes any remaining money according to […]
Read article →South Carolina: Steps to Take When an Administrator Withholds Estate Information
Detailed answer If you are an interested person in a South Carolina probate matter (for example, a beneficiary, heir, or creditor) and the proposed or appointed personal representative (often called an administrator) is refusing to produce estate documents or information about assets, South Carolina law gives you several tools to protect your rights. This answer […]
Read article →South Carolina: What Happens When a Will Is Not Properly Signed
What Happens When a Will Is Not Properly Signed in South Carolina Disclaimer: This is general information and not legal advice. Consult a licensed South Carolina attorney for guidance about a specific situation. Detailed answer — how South Carolina treats improperly signed wills South Carolina law expects certain formalities for a will to be admitted […]
Read article →Challenging a Sibling’s Application for Letters of Administration in South Carolina
Detailed Answer Quick summary: If a sibling files for letters of administration (appointment as personal representative/administrator) after someone dies without a will or where no executor is appointed, an interested person (usually an heir, beneficiary, or creditor) can formally object in the probate court that handles the estate. In South Carolina you must act promptly, […]
Read article →South Carolina: Compelling a Surviving Spouse to Sell the House and Distribute Proceeds
What to do if a surviving spouse refuses to sell estate real property under the will (South Carolina) This guide explains, under South Carolina law, the steps a personal representative (executor or administrator) and beneficiaries can take to carry out a will provision that directs the sale of a decedent’s house when a surviving spouse […]
Read article →South Carolina: Recovering a Cash Bequest When an Executor Won't Cooperate
This FAQ-style article explains, under South Carolina law, practical steps you can take to recover a cash bequest when the estate’s executor will not cooperate. It assumes you are starting with no legal background. This is educational information only and not legal advice. Detailed Answer When an executor refuses or fails to pay a cash […]
Read article →Filing a Notice to Creditors in South Carolina: How It Works
How to File a Notice to Creditors in South Carolina: Step-by-Step FAQ Quick answer When someone dies in South Carolina and a personal representative (executor or administrator) is appointed for the decedent’s estate, the personal representative must notify creditors so they can present claims. The basic steps are: open probate and obtain authority to act, […]
Read article →South Carolina Guide: When a Named Executor Refuses to Serve — How You Can Be Appointed
How the Probate Court Appoints a Personal Representative When a Named Executor Declines (South Carolina) Short answer Yes. If the person your parent named in the will (the nominated executor) refuses to serve, South Carolina probate courts will appoint another personal representative. The court will follow the will’s alternate nominations (if any), and otherwise follow […]
Read article →South Carolina: Why an inherited house might not be a probate asset — and paying the mortgage to avoid foreclosure
Why an inherited house might not be a probate asset — and whether you can pay the mortgage to avoid foreclosure (South Carolina) Short answer Many homes that people think must go through probate actually pass to survivors outside probate. Common ways that happens in South Carolina include joint ownership with rights of survivorship, property […]
Read article →Challenging a Sibling’s Use of a Deceased Parent’s Bank Account in South Carolina
Can someone use a deceased parent's bank account before a personal representative is appointed? What you should know in South Carolina Short answer: In South Carolina, a person generally has no legal authority to continue using a deceased person’s bank account for personal or household expenses unless they have been properly appointed as the decedent’s […]
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