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Home is in probate. Need insurance on it through the

process JA: Estate laws vary by...
Home is in probate. Need insurance on it through the process
JA: Estate laws vary by state. What state are you in?
Customer: SC
JA: What documents or supporting evidence do you have?
Customer: I have lived in the home for 16 years taking care of my now deceased parents My sister has released her rights to the home. she does not want it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My parents deeded the property to me and my sister and then when they took out an equity loan some months later to help me with my business they deeded to back to themselves orwe deeded it back to them
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Answered in 1 minute by:
9/20/2017
Michael Bradley
Category: Legal
Satisfied Customers: 1,131
Experience: Owner at The Protection Group LLC
Verified

has probate been initiated at this point?

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Customer reply replied 2 months ago
no

did they last surviving parent have a will?

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is there money still owed on the home equity loan?

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Customer reply replied 2 months ago
no they did not leave a will. They at one point deeded the property to me and my sister. My sister does not want the property. She has signed a release provided by the probate court which i am going to submit to the court and soon as I fill out all the paper work to initiate probate.
Customer reply replied 2 months ago
There is only a mortgage with 103k balance. House is valued at 145k
Customer reply replied 2 months ago
Cannot sell it so I have been told until probate is finished.
Customer reply replied 2 months ago
Want to rent it until I can sell it but do not know how to insureit since it is not in my name

I am assuming that it is insured at this point?

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once you open up probate and an estate then you can sell the property if you wish

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Customer reply replied 2 months ago
but the agent is talking like the insurance which is in my mom's name may not be good. I am also afraid the mortgage company will call the loan

as long as the mortgage is current they probably will call the loan, they only care about being paid

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Customer reply replied 2 months ago
I can sell the property even before probate is finished? That would be great news!
Customer reply replied 2 months ago
Did you mean to say that they probably willnot call the loan so long as the mortgage is paid
Customer reply replied 2 months ago
Payments which i have made for years living here have never been late
Customer reply replied 2 months ago
I cared for my parents for 16 years and it is one reason my sister thinks the house should be mine

Most probate proceedings in South Carolina are informal. You can use it when the heirs and beneficiaries are getting along, there are no creditor problems to resolve and you don't expect any trouble.

The process begins when you file an application with the probate court to serve as the "personal representative" of the estate. (This is what most people think of as the "executor"). Once your application is approved, you have legal authority to act for the estate. Usually you'll get what's called "Letters Testamentary" from the court.

Once you get the letters, you need to do these things:

  • Send out formal notice to heirs, beneficaries, and creditors that you know of
  • Publish a notice in a local newspaper to alert other creditors
  • Provide proof that you've mailed notices and published the notice
  • Prepare an inventory and appraisal of the estate's assets
  • Keep all the property safe
  • Distribute the property (when the estate closes)

Once the property's been distributed, you close an informal proceeding by filing a "final accounting" with the court and a "closing statement" that says you've paid all the debts and taxes, distributed the property, and filed the accounting.

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as long as you are organized it can be done quickly

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I did mean that the mortgage being current then the mortgage company will not do anything as long as being paid

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Customer reply replied 2 months ago
I still need to know how to insure this property if the current insurer drops me
Customer reply replied 2 months ago
I am organized and will get right on it. your answers are helpful. Can you advise on the insurance question in the mean time

if they try to drop you since the policy holder is deceased, once probate is opened then you would be able to obtain a policy in the estate of your parent

that would enable you to open an estate bank account as well

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the "estate of..." becomes a person in a legal sense

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Customer reply replied 2 months ago
People are sleeping in the house so writing is better. Thanks for your help. You have steered me in the right direction.

I did not ask you for the phone call the computer does it automatically so no worries

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please rate my advice

while I do not do this for the ratings, my compensation is tied to the rating system

thank you

Michael Bradley
Category: Legal
Satisfied Customers: 1,131
Experience: Owner at The Protection Group LLC
Verified
Michael Bradley and 87 other Legal Specialists are ready to help you
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Customer reply replied 2 months ago
I am trying to rate you with an excellent but button will not let me

it went through

thank you

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Customer reply replied 2 months ago
Good job
Let me k ow if I can assist you further.
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Michael Bradley
Michael Bradley
Michael Bradley, Lawyer
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Satisfied Customers: 1,131
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