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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118078
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My sister died recently without a will in SC. There is one

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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.

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