What options exist for a personal representative with limited funds for handling creditor claims in South Carolina?
Detailed Answer In South Carolina, a personal representative must follow statutory rules when handling creditor claims. You must file a notice to creditors. Under SC Code Ann. §62-3-801 (https://www.scstatehouse.gov/code/t62c003.php#62-3-801), the clerk of court must publish a notice in a local newspaper. Creditors then have ten months from the publication date to file a claim. If […]
Read article →What Information and Documentation Are Required to Verify All Individuals with an Interest in Real Property in South Carolina?
Detailed Answer When you need to verify all individuals with an interest in real property in South Carolina, you must collect specific information and documentation for each party. This process ensures valid conveyance and protects buyers, lenders, and title insurers. Below is an overview of requirements under South Carolina law. 1. Natural Persons Under SC […]
Read article →How to Determine if Surplus Funds Remain After a Foreclosure Sale in South Carolina
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under South Carolina law, a foreclosure sale may generate proceeds in excess of the secured debt, fees and costs. These excess proceeds—called surplus funds—belong to junior lienholders or the former owner. Two common foreclosure methods apply: 1. Nonjudicial (Deed […]
Read article →What Steps Are Required to File a Petition Claiming Surplus Funds from a Foreclosure Proceeding in South Carolina?
Detailed Answer Under South Carolina law, a surplus fund arises when a foreclosure sale yields more than the outstanding debt, interest, costs, and fees. The surplus belongs to the former property owner or other junior lienholders. You must petition the court to claim these funds. Below are the required steps: 1. Verify the Surplus Amount […]
Read article →Do I Get Any Ownership Interest in the Real Property if I Am Paying the Mortgage in South Carolina?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under South Carolina law, paying the mortgage does not, by itself, grant you an ownership interest in real property. Legal title remains with the deed holder. A mortgage is a security interest that secures repayment of a loan; it […]
Read article →Do I Get Any Ownership Interest in Real Property If I Pay the Property Tax in South Carolina?
Detailed Answer Ownership Interest OverviewIn South Carolina, paying property taxes alone does not give you an ownership interest in real property. The owner of record holds title unless a court finds otherwise. South Carolina Code Ann. § 12-37-310 establishes the lien for unpaid property taxes, but paying taxes does not alter the deed or create […]
Read article →How to Determine if Other Creditors or Lienholders Could Have Claims to Surplus Funds – SC
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer When a sheriff’s sale or foreclosure in South Carolina produces surplus funds—money remaining after the secured debt and sale expenses are paid—the court must determine which creditors or […]
Read article →What options exist for establishing authority over an elderly heir's personal and financial decisions in South Carolina?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Detailed Answer When an elderly heir faces declining capacity, you can plan ahead or, if needed, seek court intervention under South Carolina law. Power of Attorney South Carolina's Uniform Power of […]
Read article →How to Verify and Probate an Old Will Discovered Decades After Execution in SC
Finding a decades-old will can trigger questions about validity and probate. This guide explains how to verify and admit an old will for probate in South Carolina. Detailed Answer Under South Carolina law, you must petition the probate court in the decedent’s last domicile to admit a will to probate. Follow these steps: Locate the […]
Read article →Where would insurance or government program payments appear on the statement of account in South Carolina?
Detailed Answer In South Carolina, a statement of account must clearly separate charges from credits. Under SC Code Ann. § 40-5-190 (link), attorneys and financial institutions must list every receipt and disbursement. Insurance and government program payments appear as credits in the “Payments” or “Adjustments” section of the statement. Specifically, you will usually see entries […]
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