Tag Archives: heirs

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

Posted in Advanced Estate Issues, Probate 101 | Tagged , , , | Leave a comment

Understanding Summary Administration

Similar to a small estate, summary administration is another abbreviated process available in the probate court under certain limited situations. For a variety of reasons, the same person wears may be both the Personal Representative as well as the only … Continue reading

Posted in Probate 101, Probate Forms | Tagged , , | Leave a comment

Uniform Simultaneous Death Act: Part II

In our first post on this topic, we discussed how to determine whether or not an heir or devisee survived the decedent. This post will explain how survival alters the administration and distribution in an estate. Effective January 1, 2014, … Continue reading

Posted in Advanced Estate Issues, Real Property Issues | Tagged , , , , , , | Leave a comment

Can My Spouse Disinherit Me?

Many people are surprised to learn that South Carolina law actually prohibits your from disinheriting your spouse absent their consent (i.e. a prenuptial agreement). The rights of the spouse to take from the estate will be determined by whether the … Continue reading

Posted in Advanced Estate Issues, Marriage, Probate 101 | Tagged , , , , , , , | 4 Comments

Who has the CAPACITY to make a will?

Probate Courts deal daily with the issue of “capacity.” When handling Conservatorship and Guardianship cases, they determine whether or not people have the capacity to manage their own affairs. When handling disputes over someone’s last will, they are often asked … Continue reading

Posted in Estate Planning Tips, Probate 101 | Tagged , , , , , | 2 Comments

Joint Tenancy and Your Children – Estate Planning Nightmares

While my firm does plenty of estate planning, my role in the firm is to handle the “litigated cases.” This means that I step in when things have gone wrong – sometimes horribly wrong – after someone passes away. Over … Continue reading

Posted in Estate Planning Tips, Real Property Issues | Tagged , , , , , , | 3 Comments

Joint Tenancy and Spouses: Understanding SC Law

In South Carolina, you have the right to title assets (this includes real property, bank accounts, car titles and more) in several ways. Today’s post will not detail ALL of the various ways we can hold title, but will discuss … Continue reading

Posted in Advanced Estate Issues, Estate Planning Tips, Marriage, Probate 101 | Tagged , , , , , , , , , , , | 3 Comments

Am I An Heir? Part II – Decedent had no spouse or children. Now what?

While the majority of estates where there is no will are handled by the first portion of S.C. Code §62-2-103 (covered in an earlier post), there are situations where there are no takers and we must go further to find an … Continue reading

Posted in Probate 101 | Tagged , , , , , , , , , , , | Leave a comment

Am I An Heir? Part I – Share of spouse and children

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 … Continue reading

Posted in Probate 101 | Tagged , , , , , , , , , , , , , | 5 Comments

Personal Representative’s Duties: Duty to Inventory Assets

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 … Continue reading

Posted in Personal Representative's Duties, Probate 101, Probate Forms | Tagged , , , , , , , , , | 6 Comments