South Carolina - I consider these questions to be a combination Real Estate/Probate related.
My father passed June 1st in South Carolina. I'm the Personal Representative for his Estate. He owned no Real Estate, but lived in a camper with an addition he built, on a "permanent" site in an oceanfront campground.
The "permanent" site he occupied was leased for approximately $3,000.00 per year.
This $3,000.00 yearly lease payment is due January 1st, and I'm wondering if there are any legal concessions I can claim due to the 8 month time period given by the State of SC for claims to made against an estate.
I'm not sure I'm stating my quesiotn very clearly, so let me be more specific about what I'd LIKE to do. Our ultimate goal is to sell the place. It's not worth a whole lot, but the tax value for the addition and the camper itself is $12,000.000. IF we do not pay the $3,000.00 we would have to move the camper and it would be worth very little away from that campground and the adddition. We're having a hard time coming up with the $3,000.00 and were wondering if there were a legal way around paying this Lease on January 1st, or paying $15.00/day late fees if we do not.
My thinking is that since SC state law allows claims to be made against Dad's estate for a period 8 months, and that time period will not expire until February, there should be some real estate/probate law that would prohibit them from forcing me to renew the "yearly" lease when I have no agreement with them and my father is deceased.
I guess by the same token they are not obligated to allow me to lease it monthly...although this would be ideal.
We are having a hard time raising the $3,000.00 here right after Christmas, but would hate to just have to move the camper and lost all value on the addition my Dad took such pride in.
Does anyone have any suggestions on this?
There is another part to this question that I consider to be more "Real Estate" related than the first problem, it's just not as pressing right now.
I was told by campground staff that there would be a $6,000.00 "transfer" fee to change the name on his lease, unless we were to wait 5 years??? AND I do not see mention of this anywhere in his lease.
Is this enforceable if it is not in black and white on his lease?
My father passed June 1st in South Carolina. I'm the Personal Representative for his Estate. He owned no Real Estate, but lived in a camper with an addition he built, on a "permanent" site in an oceanfront campground.
The "permanent" site he occupied was leased for approximately $3,000.00 per year.
This $3,000.00 yearly lease payment is due January 1st, and I'm wondering if there are any legal concessions I can claim due to the 8 month time period given by the State of SC for claims to made against an estate.
I'm not sure I'm stating my quesiotn very clearly, so let me be more specific about what I'd LIKE to do. Our ultimate goal is to sell the place. It's not worth a whole lot, but the tax value for the addition and the camper itself is $12,000.000. IF we do not pay the $3,000.00 we would have to move the camper and it would be worth very little away from that campground and the adddition. We're having a hard time coming up with the $3,000.00 and were wondering if there were a legal way around paying this Lease on January 1st, or paying $15.00/day late fees if we do not.
My thinking is that since SC state law allows claims to be made against Dad's estate for a period 8 months, and that time period will not expire until February, there should be some real estate/probate law that would prohibit them from forcing me to renew the "yearly" lease when I have no agreement with them and my father is deceased.
I guess by the same token they are not obligated to allow me to lease it monthly...although this would be ideal.
We are having a hard time raising the $3,000.00 here right after Christmas, but would hate to just have to move the camper and lost all value on the addition my Dad took such pride in.
Does anyone have any suggestions on this?
There is another part to this question that I consider to be more "Real Estate" related than the first problem, it's just not as pressing right now.
I was told by campground staff that there would be a $6,000.00 "transfer" fee to change the name on his lease, unless we were to wait 5 years??? AND I do not see mention of this anywhere in his lease.
Is this enforceable if it is not in black and white on his lease?