How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated in South Carolina
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your situation. Detailed Answer 1. South Carolina Beneficiary Designations for Life Insurance When a life insurance policyholder in South Carolina names a beneficiary, the insurer pays death benefits directly to that person. However, if […]
Read article →How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share in SC?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In South Carolina, an estate administrator (also known as a personal representative) must collect assets, pay valid debts and expenses, and distribute the remaining property to beneficiaries according to the will or state law. Under SC Code Section 62-3-803, […]
Read article →How does intestate succession work in South Carolina when no will exists and the decedent died with no spouse and three children?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When a South Carolina resident dies without a will, the Probate Court applies the intestate succession rules in SC Code §62-2-101. Intestate succession governs how the estate—both real and personal property—passes to heirs. Step 1: Open Probate. A personal representative […]
Read article →How Can the South Carolina Slayer Statute Affect an Heir’s Right to Inherit from a Decedent’s Estate?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under South Carolina law, the slayer statute prevents someone who unlawfully and intentionally kills a decedent from inheriting from that person’s estate. South Carolina codified this rule in S.C. Code Ann. § 62-2-803. In essence, a person who is […]
Read article →How Does Title Transfer for an Inherited Home When There Is No Will and Multiple Heirs in SC?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in South Carolina for advice about your specific situation. Detailed Answer 1. Understanding Intestate Succession in South Carolina When a property owner dies without a valid will (“intestate”), South Carolina law governs how assets pass to […]
Read article →How to Determine Intestate Heirs of a Father’s Estate in South Carolina
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified South Carolina attorney for advice on your specific situation. Detailed Answer When someone dies without a valid will in South Carolina, the state’s intestate succession statutes (Title 62, Chapter 2 of the South Carolina Code) determine who inherits […]
Read article →Can I Appeal a Probate Court Decision Removing a Personal Representative in SC?
Can I Appeal a Probate Court Decision Removing a Personal Representative? Disclaimer This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer 1. Grounds for Removal of a Personal Representative Under South Carolina law, a court may remove a personal representative […]
Read article →Does the Personal Representative Have to Provide Me a Copy of the Accounting in a Probate Matter in SC?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under South Carolina law, a personal representative must prepare and file accountings with the probate court but does not automatically mail copies to all interested persons unless a court hearing is scheduled or the court orders it. Key rules […]
Read article →How to Determine What Assets Remain in an Estate After Paying Debts and Fees in South Carolina
Detailed Answer When someone passes away in South Carolina, their estate goes through probate. Probate is the court-supervised process that gathers assets, pays debts and expenses, then distributes what remains. The leftover assets are called the residuary estate. Here’s how you calculate those remaining assets under South Carolina law. 1. Identify and Value All Estate […]
Read article →How to Manage Estate Administration for Assets in Multiple Jurisdictions in South Carolina
Detailed Answer Managing estate administration in South Carolina when assets span multiple counties—or even other states—requires careful planning, proper filings and coordination with each jurisdiction’s probate court. Follow these steps to streamline the process under South Carolina law. 1. Open Probate in the Decedent’s Home County Under South Carolina Code Ann. 62-2-201, you must file […]
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