How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111679
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My sister died recently without a will in SC. There is one

This answer was rated:

My sister died recently without a will in SC. There is one minor child and a 18-year old. I won't be able to proceed with probate as the personal representive until I'm named as legal custodian of the minor. The father is out of state. Is there any way we (the dad and I) can do this without a lawyer? I've retained one just in case we can't.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, because a minor is involved you will not be able to conduct the probate and represent the minor and the estate. The minor, if there are no other siblings or surviving spouse, is the sole heir to the estate of your sister. A guardianship over property of the minor has to be established, which requires an attorney and then probate would be conducted placing the minor in possession of the entire estate through the guardian.

Yes, you need the attorney for this I am afraid as this is a bit more than simple probate.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 4 other Family Law Specialists are ready to help you