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How to petition Probate in SC from NY/

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Pops52

Junior Member
A executive in my company said I can petition probate court in SC from NY without a attorney...

We have information that our special needs adult daughter's widowed evil step-mother forged a will after the father was deceased and one of her ex friends his name.
The father was officially declared deceased May 25, 2013, and he never obtained Guardianship when she turned eighteen. The will states everything goes to her.
We, his sisters, and many friends know that he would never leave his 3 daughters nothing at all. I was trying to find out who the notary was via the SC gov site
searching notaries with no results. One of his two sisters said the woman worked where the deceased worked and they both knew her very well.

The special needs daughter deserves something from the estate!

The will was stamped June 4, 2013 by Probate. She has and has had her two brothers living with her. (talk about shady characters). When I told them the daughter was here
in NY and everything was good now, he threatened to snap my neck next time he sees me. During a recording where I told her our conversation was being recorded, she said, then
this conversation was F@cking over. I then heard her say she hung up on the son of a bitch and laughed. Must have been a old flip phone, because we still heard them talking. Her brother said, we
don't have a will yet, and she told him that they will so don't worry. My wife is the biological mother.

Can we in fact petition the court without a lawyer and not being in SC??? If so, then how?

Pops
 
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TheGeekess

Keeper of the Kraken
See also:
https://forum.freeadvice.com/child-custody-visitation-37/custodial-parent-allegedly-deceased-596951.html
 

tranquility

Senior Member
People can represent themselves in court pro per. They have to know what to do. You don't. Also, you can't help the special needs person protect her rights. She must do it herself or get an attorney to represent her.

Even with the representation, this is not going to be easy. There are many issues here and a letter to the court to "petition" relief is not going anywhere.
 

Pops52

Junior Member
Well, then we'll have the detective go after her for forgery! Shes depositing the money in HIS account.

The law is funny. She can do all sorts of criminal activity but we need a lawyer to stop her.

Just gotta love the US!

Pops
 

Pops52

Junior Member
People can represent themselves in court pro per. They have to know what to do. You don't. Also, you can't help the special needs person protect her rights. She must do it herself or get an attorney to represent her.

Even with the representation, this is not going to be easy. There are many issues here and a letter to the court to "petition" relief is not going anywhere.

Seeing as you said, "you don't!" Do you have any advice on how to go about this?
 

TheGeekess

Keeper of the Kraken
People can represent themselves in court pro per. They have to know what to do. You don't. Also, you can't help the special needs person protect her rights. She must do it herself or get an attorney to represent her.

Even with the representation, this is not going to be easy. There are many issues here and a letter to the court to "petition" relief is not going anywhere.
Seeing as you said, "you don't!" Do you have any advice on how to go about this?
People can represent themselves in court pro per. They have to know what to do. You don't. Also, you can't help the special needs person protect her rights. She must do it herself or get an attorney to represent her.

Even with the representation, this is not going to be easy. There are many issues here and a letter to the court to "petition" relief is not going anywhere.
Alrighty then. :cool:
 

Pops52

Junior Member
Alrighty then. :cool:
Just to get a court order to stop child support in SC required a $2000 retainer. Being my wife was outta work for months we don't have any money.

I thought the rates were high here. We spent $1100 over guardianship here in NY. Lets see $450 for consultation of the guardianship papers, and WE did all the work!

The rest was used up on "Feel Free To Contact me with any questions BS. $55 (.12) just for the attorney to read a small paragraph, and then when she replied it was yet another $55.

I'm learning as I go. didn't ever use a lawyer, so I didn't realize they have a set standard minimum for emails. Seems the shouldn't use the word FREE at the bottom of their emails, and
instead there should be a disclaimer. You will be charged or something would suffice! Geesh
 

anteater

Senior Member
I'm unclear on what you are petitioning the court for. Your first post talks about the will. But then your other posts veer off into child support payments.

Are you talking about contesting the will?
 

ecmst12

Senior Member
First of all, if you want to do this without a lawyer you'd need to BE in SC to go to court. AND you'd need to understand the probate process. And how to contest a will. None of which you know. You need a lawyer in SC to handle this for you. And as mentioned, since you wouldn't be representing yourself but your stepchild, you can't even legally do it - that would be practicing law without a license. So you MUST hire a lawyer to represent your stepchild.

Whoever told you that you could do ANYTHING in any court in SC from NY without an attorney is an idiot. You might be able to file a motion but you'd have to be there for the hearing regardless. And again - practicing law without a license to file anything on someone else's behalf, even if you are the legal guardian.
 

Proserpina

Senior Member
Just to get a court order to stop child support in SC required a $2000 retainer. Being my wife was outta work for months we don't have any money.

I thought the rates were high here. We spent $1100 over guardianship here in NY. Lets see $450 for consultation of the guardianship papers, and WE did all the work!

The rest was used up on "Feel Free To Contact me with any questions BS. $55 (.12) just for the attorney to read a small paragraph, and then when she replied it was yet another $55.

I'm learning as I go. didn't ever use a lawyer, so I didn't realize they have a set standard minimum for emails. Seems the shouldn't use the word FREE at the bottom of their emails, and
instead there should be a disclaimer. You will be charged or something would suffice! Geesh

I'm hoping this is actually an attempt at humor.

If it's not, you have absolutely no chance of successfully representing yourself in court - ever.
 

Pops52

Junior Member
First of all, if you want to do this without a lawyer you'd need to BE in SC to go to court. AND you'd need to understand the probate process. And how to contest a will. None of which you know. You need a lawyer in SC to handle this for you. And as mentioned, since you wouldn't be representing yourself but your stepchild, you can't even legally do it - that would be practicing law without a license. So you MUST hire a lawyer to represent your stepchild.

Whoever told you that you could do ANYTHING in any court in SC from NY without an attorney is an idiot. You might be able to file a motion but you'd have to be there for the hearing regardless. And again - practicing law without a license to file anything on someone else's behalf, even if you are the legal guardian.
well then we will just let her get away with creating and then forging the deceased name on the document...

Not sure I understand how she can basically create any document she wants, sign his name, etc.

The detective did say they have handwriting experts, so we'll be sure and include a copy of that will in our complaint.
 

Pops52

Junior Member
First of all, if you want to do this without a lawyer you'd need to BE in SC to go to court. AND you'd need to understand the probate process. And how to contest a will. None of which you know. You need a lawyer in SC to handle this for you. And as mentioned, since you wouldn't be representing yourself but your stepchild, you can't even legally do it - that would be practicing law without a license. So you MUST hire a lawyer to represent your stepchild.

Whoever told you that you could do ANYTHING in any court in SC from NY without an attorney is an idiot. You might be able to file a motion but you'd have to be there for the hearing regardless. And again - practicing law without a license to file anything on someone else's behalf, even if you are the legal guardian.
The Idiot you are referring to is a Top Executive of a Billion Dollar International Company, and I dare say he earns a 7 figure salary. I would hardly summarize him as a idiot. I asked SC about using conference calling, and they never heard of it. The South is very slow technology wise! SC took 4 weeks to send her medical history, and when the neurologist saw the 26 pages they sent, he said wasn't worth the paper it was printed on, and they had no choice but to start from scratch. The doctors there are what started the mental retardation by pumping her full of Valium to stop the seizures and ultimately shut her organs down and she had to be put on life support. She wasn't born this way. She was a perfectly normal child at 9 months! It was a immunization they gave children. Even the Epilepsy department here said you don't use Valium to stop a seizure. When they went to sue... all the hospital records somehow vanished in thin air...
 
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