• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Where do I start?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

britehopes

Junior Member
What is the name of your state? Texas

I had a friend pass away two months ago in South Carolina. He had been living there for 11 months, did not have a driver's license from SC (he had a TX drivers' license), his truck was not registered in SC (it was registered in TX), did not own any real estate there but did have a bank account there and was employed there. He was living with a woman in SC but had a wife in TX. At this time, the woman he was living with has refused to give his personal effects to his family. They are willing to let her have what few material possesions he had but would like to have back his personal papers, medical and military records, family photos, etc.

He did not have a will. Does his wife need to file for intestate probate in SC in order to get his possessions back? I understand that it may depend on whether or not he is considered a SC resident. Who would make that determination?What is the name of your state?
 


Dandy Don

Senior Member
Yes, she or her attorney will need to file to open up probate to get letters testamentary giving authority to the executor to claim any and all assets.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top