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Thelawman2
Thelawman2, Attorney
Category: Estate Law
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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Is there a time limit to file probate? I am in south

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Is there a time limit to file probate?
JA: Estate laws vary by state. What state are you in?
Customer: I am in south Carolina. This was my fiancé's legal address. But he passed away in Florida at the other house we have.
JA: What documents or supporting evidence do you have?
Customer: All his mail and license is in my house.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have his truck that is paid off on my property. I own the house in South Caroline. He owned the house in Florida. Have the title to truck. Want to know if I can claim it and how to change to my name. Also have all his tools, computer and guns on my property. Are there mine since I own the property.

Hello, my name is ***** ***** I will be helping you today.

In order to obtain the property that is located in Florida, you will need to open a probate proceeding in Florida. There is no deadline for filing for probate. In Sought Carolina, there is a ten year limit

Simply because his property is located on your property does not mean that you are entitled to receive it. In fact, without a will which names you as receiving his property, a court would be unlikely to find that a fiance is entitled to receive the property.

Customer: replied 2 months ago.
I don't want the house in Florida. I want to know about the truck. How long till I can put the total in my name? His sons are not even contact ing me. They wanted the money and house in Florida, plus the Harley Davidson motorcycle. I would like to keep the truck.

Did you pay for the truck? Is it in your name?

Customer: replied 2 months ago.
The truck is paid for. And the title is in name.
Customer: replied 2 months ago.
The Truck is in his name

The problem is that without a will, the son's technically have the right to the truck and therefore, you are not going to be able to get an order that the truck should pass to you.

What you might want to do is reach out to the sons and create an agreement that you won't contest any probate proceeding if they agree to let you keep the truck.

Customer: replied 2 months ago.
I have already tried that. They want everything that was his. I am under the impression that by 9/10th of the law everything on my property in south Carolina is mine. They can gave anything that is in there Father's name only. Meaning anything without a title or paperwork stating that it is there father's is now mine.

That is true with regards ***** ***** property that is just at your house and it is unclear who actually owned it, but with regards ***** ***** truck, it is in the father's name and not yours so, unfortunately, it would pass to the sons.

Customer: replied 2 months ago.
Ok Thank You for the house.

You are welcome. Please remember to provide a positive rating at the top of your screen!

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