Help or advice... PLEASE?!!!

What is the name of your state?
Here are the facts:


Deceased father, had property and residence in South Carolina

Lived last 2 months in the VA Hospital in Pittsburgh PA

I live in Georgia

Siblings live in Pennsylvania

I know a will was written by my dad when my sister badgered him into re-doing it by a Pennsylvania attorney, listing all 4 kids as executors.

Dad died 4-27-08, I asked for a copy of the will without any luck. Through some checking, I found that the estate must be probated through South Carolina. The day after the funeral, Sister went down to the house and cleared out most of my dad's belongings. I am being kept in the dark about this and any future proceedings. I am on the verge of going to the courthouse and filing the petition to have the estate opened, but I am seeking any further advice before proceeding. My dad had a handwritten list of what items go to whom, copy of which is God knows where. I do not have the resources to retain a lawyer, but I will do so if the situation does not improve. Any advice?What is the name of your state?

So why hasn't anybody asked sister where the will is--she either has it or destroyed it. What was sister's response when she was asked about the will--she said nothing? Normally the will is filed within 30-60 days after the death, so you should just wait and see if and when she eventually decides to file it.

Answers to your questions...

I did ask for a copy of the will from the 2 sisters that would have had access to it from the start, they did not give a definitive answer to that issue.

As for waiting, that is what I will do by taking the "high road" in this delicate family matter, since I do not wish to be looked upon as the "vulture" waiting to divy up the cash or other proceeds from the estate. I do know now that legally, it is required that I be contacted for approval in the matters of the handling of executor/executrix and other issues related to the estate, regardless of whether there is a will or not. That fact has gone a long way to alleviating much of my anxiety levels around the power grab my sisters have displayed up to now.

If you are not a co-executrix in this estate, how do you know/who told you that legally your approval is required for matters regarding the estate? Depending on what you are asked (if anything), that may not be true.

How do I know?

I know because I spoke to the associate judge and the county courthouse where the estate needs to be probated. I will act on the information that I know after I get the needed paperwork through death certificates and other signature releases for the court appointed executor.

South Carolina Intestate Succession Laws

If any part of a South Carolina decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. However, the amount a surviving spouse is entitled to varies as follows:

* If there is no surviving issue (e.g., child or grandchild) of decedent, the surviving spouse is entitled to the entire intestate estate.
* If there are surviving issue of the decedent, the surviving spouse is entitled to one-half of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's issue. If they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation.
2. Decedent's parent or parents equally.
3. Parents' issue or either of them by representation.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent or, if the issue are of unequal degree, those of more remote degree take by representation. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
5. If none of the above relatives are available, but the decedent is survived by one or more great-grandparents or issue of great-grandparents, half of the estate passes to the surviving paternal great-grandparents in equal shares, or to the surviving paternal great-grandparent if only one survives, or to the issue of the paternal great-grandparents if none of the great-grandparents survive, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation. The other half passes to the maternal relatives in the same manner. If there is no surviving great-grandparent or issue of a great-grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
6. If none of the above relatives are available, but the decedent is survived by one or more stepchildren or issue of stepchildren, the estate passes to the surviving stepchildren and to the issue of any deceased stepchildren. If they are all of the same degree of step-kinship to the decedent they take equally. If they are of unequal degree, then those of more remote degree take by representation.

If representation is called for as indicated above, the estate is divided into as many equal shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among his issue in the same manner. If an interest created by intestate succession is disclaimed (i.e., legally refused), the beneficiary is not treated as having predeceased the decedent for purposes of determining the generation at which the division of the estate is to be made.

3. State of South Carolina. If there is no taker under any of the above provisions, the intestate estate passes to the state of South Carolina.

South Carolina Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Issue of the decedent (but no other persons) conceived before his death, but born within ten months thereafter, inherit as if they had been born in the lifetime of the decedent.
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of South Carolina gets the intestate estate.
* Irresponsible parents beware! Parents who failed to reasonably provide support for the needs of the decedent during his or her minority may have their intestate share of the estate reduced or eliminated entirely by the probate court. The probate court may consider this option upon the motion of either parent or any other person with a potential interest in the estate.
* South Carolina's intestate succession laws, as well as other related laws, can be found in Title 62 of the South Carolina Code of Laws.

click here

Copyright 2002 - 2008, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.

http://www.finance.cch.com/pops/c50s10d190_SC.asp

So, should I go ahead and do what will be necessary anyway by filing with S.Carolina?

I haven't heard from the other family members since the last time that I talked to them. I was accused in a round about way of "bugging" them about this issue and the guilt of my being the bad guy in this case. It is upsetting to deal with these issues that have me emotionally entagled, and I am worried that my best interests will not be kept uppermost in their eyes unless the courts get involved.

I guess my question would be, should I wait and try and contact them one final time before I take any action on this? I know already that the one sister loses her temper in a melodramatic way everytime the matter is addressed with the name calling and screaming, so I feel that it is a lost cause at this time. I just want to ensure that the court knows that I am ready and available to administer the estate affairs if needed.