Category Archives: Probate 101

Mediation in Probate Court: What to Expect

The majority of Probate Courts in South Carolina have adopted the Supreme Court’s Mediation Pilot Program which began almost eight (8) years ago. Under this program, certain cases must be mediated before they are assigned a trial date. This post … Continue reading

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The New Custody Battle – Who Gets Mom & Dad?

Understand the importance of choosing an agent to avoid ending up in a Probate Court custody battle. Continue reading

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GUARDIANSHIP 101: What You Need to Know Now

Has a loved one recently been diagnosed with dementia or Alzheimer’s disease? Here’s what you need to know now: STEP ONE: If you’re concerned as to whether or not the individual in question is capable of making rational, clear-headed decisions … Continue reading

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What is a Conservator?

A Conservator is a court appointed person who handles the affairs of someone who is unable to do so on their own. In the Probate Court, a Conservator can be appointed for a minor or an adult. Let’s look at … Continue reading

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What is a Court Appointed Guardian?

When people hear the term guardian, they often think of guardianship over a minor. As parents, we are the natural guardians of our own children. However, once that child turns eighteen (18), they no longer have a legal guardian. So, … Continue reading

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WHAT ARE NON-PROBATE ASSETS?

Assets that are not required to go through probate are commonly referred to as “non-probate assets.” This term causes significant confusion amongst our clients and readers. This term simply refers to any assets which transfer automatically at the time of … Continue reading

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Dealing with the DMV

Let’s face it, no one looks forward to dealing with the Department of Motor Vehicles. This can be even more stressful when coupled with the loss of a loved one. We frequently receive questions on transferring title to vehicles (this … Continue reading

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Parents of Illegitimate Children in Probate (To Receive or Not to Receive Part II)

In a previous post, we discussed how illegitimacy affects the share of a child in probate. However, in some instances it’s the death of a child that raises a different issue . . . who benefits from the estate of … Continue reading

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What is an “Information to Heirs and Devisees?”

In a previous post, we discussed the Personal Representative’s duty to inform by issuing the Information to Heirs and Devisees. This is a state prescribed form, 305ES. Today, we will look at this form from the recipient’s perspective. This form … Continue reading

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Common Probate Terms | A Helpful Glossary

GLOSSARY OF COMMON TERMS IN PROBATE   Beneficiary– a person who has any present or future interest, vested or contingent in a trust. Also includes any person entitled to enforce a charitable trust.   Ceremonial marriage– also known as statutory … Continue reading

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