• 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.

I'm lost in probate hell (S.C.)

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

danglawyers

Junior Member
South Carolina

Hello,

I hope this comes out as I intend. My mother died last week. As far as I can tell, she was living WAY beyond her retirement means, and was getting herself farther and farther into the hole. We have tax returns and various lender statements that make this obvious.

1) We cannot find a will. No one we know that she would have told such information to has heard her mention such. She was divorced. Her long-term boyfriend is co-owner on the house. Does it (the lack of a will) really matter? Would tracking down every lawyer she ever used for anything and asking if they did any estate planning stuff for her, or would time be better spent elsewhere?

2) As I understand it (which means I DON'T) that with no spouse and no will, SC law says the estate goes equally to all offspring, and one of us will have to become PR and the others sign a quit to that one, or use another PR and everyone signs the quit?

3) There is a lien on the house, and a "home improvement" loan against the value of the house, as well as various unsecured debt. On the plus side, there's a small life insurance policy for the kids. I assume we use the life insurance to pay the creditors if we don't want to sell the house? Or is this something that probate is taking care of, beyond our control? Also if there's no property beyond the car and house, and we can pay off the debt, is probate still a necessity?

4) How do you find assets and debts? I know that most creditors will use clipping services and will know the day after it's printed in the paper and will show up long before their 8 month window closes. Is hiring an attorney helpful for tracking down other assets that no one but her might have known about?

5) Yadda yadda yadda. I know you've all read it before and I thank you for reading it yet again, but I'm very frustrated at all the unknown variables.

Thanks.
 


Ozark_Sophist

Senior Member
I believe life insurance goes to the beneficiaries and not to her estate. All of her assets will need to be sold to settle the debts of the estate - including her share of the house, unless the estate has enough assets otherwise.

more to come
 

lwpat

Senior Member
To find assets and debts keep reading her mail. Since there is real estate one of you will need to file to be the PR. First thing to do is to sell the house and pay off the leins and then pay her other debts in the order required by SC law. The probate court will give you the list.
 

Find the Right Lawyer for Your Legal Issue!

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