Probate Attorney in South Carolina
What is a Probate Attorney?
When someone passes away, their assets should be dispersed according to their wishes when they were alive. A probate attorney is appointed to help the executor of the will and the beneficiaries through the, sometimes difficult process – collating the estate assets, identifying beneficiaries, and distributing the inheritances.
They can help as much or as little as required depending on what the administrator needs – whether there was a will, how complicated the estate is, if there are any legal challenges from debtors, or any other estate or property complications.
This lawyer-type is state-licensed so if you live in South Carolina you should appoint a professional from a town like Charleston. If the personal representatives live out of state it is even more important to appoint someone local to the deceased.
Probate Lawyer FAQs
Procedure, Duration and Cost
What do I need to know if I am a personal representative?
Executors or administrators are responsible for all of the paperwork of an estate. They are appointed by the probate court and have certain authority to work with them in transferring property from the decedent to the appropriate person.
Can a personal representative sell property that is in the estate?
Typically, yes, but each situation is different and should be explained in the will.
Should a personal representative hire a probate attorney?
You should hire a lawyer if you are the executor or administrator and desire assistance in handling the paperwork. Another benefit of hiring a professional is speeding things up because of their familiarity with the process.
Property Ownership Transfer and Wills
Can a probate attorney help with filing paperwork to the court?
Yes, they can set up the personal representative and file all the subsequent filings as well as notices to potential heirs and creditors.
What do I do if my family is ignoring a will?
You can contest the probating process and even try to remove a personal representative. You do need to act now because once it is finalized, your options are limited. You should hire a probate attorney if you have concerns about a will or how someone else is handling the estate.
Can a probate attorney help challenge a fraudulent will?
Yes, there are procedures to contest a will. If you think there was fraud then you should seek counsel to determine your options.
Meet George Fowler, Your Probate Attorney in Charleston SC
Prior joining Henderson & Henderson law firm in October 2020, George graduated from University of Missouri and from University of Missouri School of Law, He says:
We had a lady from Charleston whose mom had an estate of over 20M. After her passing, an unknown will popped up and was submitted to the probate court. The will gave everything to her boyfriend. We were skeptical of course. We hired handwriting experts, deposed witnesses and notaries, and examined every piece of evidence to determine whether this was legitimate. Our position was that the legal document was fraudulent and we were able to successfully leverage our evidence in favor of our client. As a probate attorney, this taught me how to uncover potential wrongdoings and utilize both the SC court and our own investigation to serve our community.