Tag Archives: Last Will and Testament

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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Can I Sell The Property?

Personal Representatives or heirs are often anxious to sell the real property due to the expense of holding the property if it’s vacant. Here’s what you need to know before signing a listing agreement or liquidating that real estate. If … Continue reading

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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

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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

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The Omitted Spouse

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 … Continue reading

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So how long is this going to take?

Perhaps one of the most common questions we get when people start the probate process is, “Exactly how long is this going to take?” Unfortunately, the answer to this question is very specific to your case and often beyond the … Continue reading

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Who will be the Personal Representative? (Part II)

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. Continue reading

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Pick Me, Pick Me! Who gets to be the Personal Representative of the estate? (Part I)

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 … Continue reading

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Choosing a Personal Representative

Choosing a Personal Representative is an essential part of writing your will. Read these tips before deciding who to choose. Continue reading

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