Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

State of South Carolina. My mother passed a way about 14…

Customer Question
This is for the...

This is for the state of South Carolina. My mother passed a way about 14 months ago and left my twin brother and I everything in her will. There was stocks and bonds that were in our names and they have since been transferred and made in to accounts for both of us. There is also probate items of a house and a bank account. He is asking from the court for an inventory of both. I have sent his lawyer the non probate and the court has the probate so I thought this to be settled. I guess he is setting up for a lawsuit. How difficult is it to contest a will?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

South Carolina

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at this moment

Submitted: 3 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 6 minutes by:
3/12/2018
Estate Lawyer: Lucy, Esq., Attorney replied 3 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Estate Law
Satisfied Customers: 32,264
Experience: Lawyer.
Verified

Hi,

My name is ***** ***** I'd be happy to answer your questions today.

Ask Your Own Estate Law Question
Estate Lawyer: Lucy, Esq., Attorney replied 3 months ago

I'm sorry for your loss.

There are three basis for contesting a will. One is that it wasn't done legally, with the appropriate witnesses and formalities. One is that your mother didn't have the mental capacity to make legal decisions at the time of drafting the will, and the third is that someone exerted improper influence over her at the time of the signing.

The issue here, though, is that you and your brother inherited everything. A will contest may not solve your problem. If the will is set aside, then your mother's estate will be divvied up as if she'd never written one. The default then, is that you and your brother would split everything equally (unless there are other siblings who weren't named). So you'd be in the same position you're in now.

Ask Your Own Estate Law Question
Estate Lawyer: Lucy, Esq., Attorney replied 3 months ago

Assets that were put into one of your names before she passed aren't part of the estate, so they're not affected by the will (or lack thereof). Getting the will set aside wouldn't have an impact on those assets.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Ask Your Own Estate Law Question
Estate Lawyer: Lucy, Esq., Attorney replied 3 months ago

Do you have any questions about this?

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Estate Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Lawyer.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,579 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
I am the executor of my husband's estate & need to probate
I am the executor of my husband's estate & need to probate his will to avoid foreclosure on my home. The house & property are in my name - the mortgage is in his name. His will & death certificate are… read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
Estate (probate) - I am the administer of my mother's
Estate (probate) - I am the administer of my mother's estate, no will, 2 children (adults). 2 houses. son (he has no children) owes irs > 200k in back taxes and has disclaimed both properties. Ques… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
What are duties of probate adm, during probate? To notify
What are duties of probate adm, during probate? To notify all heirs of actions? I wish to know how actions are being handled., included.… read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
I need help with estate funds and wills/probates. This is in
Little to none, but I do have his personal information, his location, and I am the only living child of his. I have some of his retirement info as well as his death date, city, and social security number. … read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
I am trying to handle the probate of my mother's estate
I am trying to handle the probate of my mother's estate myself. She died on January 27, 2018. This case is filed in the Superior Court of California, San Francisco, Ca, Case #: PES-18-301675. When I f… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,514 satisfied customers
I am attempting to handle the probate of my mother's estate
I am attempting to handle the probate of my mother's estate myself in San Francisco, California. Please answer the following: Whenever I file a document with the court, is it proper protocol to always… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
I have a question about an estate in probate. I don't think
I have a question about an estate in probate. I don't think the executator is being fair and would like to request a hearing with the probate judge. … read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,170 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,225 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x