Tag Archives: S.C. Code of Laws: Title 62

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

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Increase in Exempt Property

Exempt property is property that a surviving spouse can protect from creditors of the estate. By allowing exempt property, the S.C. Code essentially guarantees a spouse that he/she will be able to maintain certainĀ household furniture, automobiles, furnishings, appliances, and personal … Continue reading

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To Receive or Not to Receive – Illegitimate Children in Probate

In the 2010 Census, we learned that more than forty percent (40%) of children born in the United States are born to unwed mothers. While the issue of “illegitimate” children is certainly nothing new, it does lead to complex probate … Continue reading

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Paying Creditor’s Claims

One of the primary duties of the Personal Representative is to manage the estate assets, which includes paying creditors of the estate. In performing this duty, there are several important things a Personal Representative should remember. First, most creditors should … 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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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

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Personal Representative’s Duties: Duty to Inform

This post discuss a vital duty of Personal Representatives – the duty to inform the heirs and devisees. Continue reading

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What exactly is probate?

Exactly what does probate mean and how do you know if you need to probate someone’s estate after their death? Continue reading

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