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Why did my cousin not get the house when his wife died?

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howard555

Junior Member
What is the name of your state (only U.S. law)?
South Carolina.
My Uncle told me of an event years ago. His son's wife died. They were legally married, etc. My Uncle and his son were confused to find out that alot of legal fees were going to be needed to get the house into the husband's name.
The amount was close to $10,000 in legal fees.
I hired a lawyer once and it was $225 an hour.
For the math, let's use $250 an hour and $9,000 total.
That would be 36 hours of legal fees for a house when the wife died.
That's alot of hours over a deed when:
1. they were married when they bought the house
2. and married when she died
3. and then there is "right of survivorship."
I told my Uncle, I'd ask on this forum, to see if anyone might have some idea what went wrong on that deed.
Thanks.
 
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howard555

Junior Member
I thought there might be someone here who might have some reasonable explanation.
They do not understand it to this day, the cost, and why.
 

Zigner

Senior Member, Non-Attorney
I thought there might be someone here who might have some reasonable explanation.
They do not understand it to this day, the cost, and why.
How would we, a bunch of internet strangers, have ANY clue of the details? Seriously.

Also, why does this matter now?
 

anteater

Senior Member
1. they were married when they bought the house
2. and married when she died
3. and then there is "right of survivorship."
None of which says how the property was owned.

Did they own it with right of survivorship?

That's alot of hours over a deed..
Attorneys have to finance Harvard educations for their kids, too!
 

howard555

Junior Member
None of which says how the property was owned.

Did they own it with right of survivorship?


Attorneys have to finance Harvard educations for their kids, too!
My Uncle calls the lawyer in question a crook.
There was no probate court hearing or contested will, etc.

An average married couple with a will and the wife died. Those are the details as I know them, and all the Uncle, who paid the legal bills, knows.

The only possible factor could be that the wife committed suicide. (?)

If there are no "possible" scenarios, or "theories," on why the legal cost was so high, all the Uncle can do is assume the lawyer was a crook.

Someone said that mortgages pass from the deceased to the survivor, so there should not have been any issue with the mortgage. She did not work, so she was not paying the mortgage, her husband was.

There is something called closure, and the Uncle and his son have never understood the high cost and why.

I've given all the details, to strangers as they are called by some, that I have, and all I was told by the Uncle.

If there are no possible scenarios or theories, that would explain-cause such a high legal fee, then maybe they got took.
 

ecmst12

Senior Member
There are MANY possible scenarios that could result in legitimate legal bills. The best and only way to find out is to look at the itemized bills from the lawyer.
 

howard555

Junior Member
During a casual conversation with a couple retired ladies, one threw out a real possibility.
The couple was legally married, but they had committed one of the deadly sins, which is to not have a will.

With no will, that may have been why the husband had to spend so much, to get the house in his name, when his wife died.

My Uncle has not brought up the matter again, and he may not.
 

Zigner

Senior Member, Non-Attorney
During a casual conversation with a couple retired ladies, one threw out a real possibility.
The couple was legally married, but they had committed one of the deadly sins, which is to not have a will.

With no will, that may have been why the husband had to spend so much, to get the house in his name, when his wife died.

My Uncle has not brought up the matter again, and he may not.
I suggest that you follow in your Uncle's footsteps...
 

howard555

Junior Member
I suggest that you follow in your Uncle's footsteps...
I do not take advice from mean people who are snake like in their attitude.

At least some one had a possible scenario.

My experiences on this free legal advice forum (that was recommended), is that it lacks in legal advice.
 
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CLJM

Member
I do not take advice from mean people who are snake like in their attitude.

At least some one had a possible scenario.

My experiences on this free legal advice forum (that was recommended), is that it lacks in legal advice.
No one can give you legal advice until they know what the facts were with the property. The only way to know the charges regarding the legal fees is to ascertain what was changed for what, and why.

For instance....was the $10,000.00 just to get the house in the husband's name...OR was it the total cost of probate, which again, needs the facts of what transpired.

I, and others can think of many many scenarios, but none would be helpful because the facts are unknown.
 

anteater

Senior Member
No one can give you legal advice until they know what the facts were with the property. The only way to know the charges regarding the legal fees is to ascertain what was changed for what, and why.

For instance....was the $10,000.00 just to get the house in the husband's name...OR was it the total cost of probate, which again, needs the facts of what transpired.

I, and others can think of many many scenarios, but none would be helpful because the facts are unknown.
Never let the lack of facts stand in the way of offering advice.

I, for one, never, never disregard the suggestions offered in a casual conversation with a couple retired ladies.
 

CLJM

Member
Never let the lack of facts stand in the way of offering advice.

I, for one, never, never disregard the suggestions offered in a casual conversation with a couple retired ladies.
Anteater,

In the throes of going through my own probate administration, I surely have learned about: shall, may, will, should, and a host of others !!!

As a side note: I appreciate your areas of expertise and knowledge---and your willingness to share so freely with others. You are surely an asset to this forum.
 

howard555

Junior Member
No one can give you legal advice until they know what the facts were with the property. The only way to know the charges regarding the legal fees is to ascertain what was changed for what, and why.

For instance....was the $10,000.00 just to get the house in the husband's name...OR was it the total cost of probate, which again, needs the facts of what transpired.

I, and others can think of many many scenarios, but none would be helpful because the facts are unknown.
(I went through probate issues with two lawyers and the total for both parties was under $4000 and involved a house)

I do not think probate was involved.
My Uncle specifically mentioned the high cost, and with the personal nature it (considering how the wife died) all I could tell him was, that cost seemed high, just for a deed if distribution.
I told him, I'd ask on a legal forum, and see if anyone had any ideas.
 

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