Probate Attorney in South Carolina

image of probate attorney at work
A probate attorney is state-licensed, can handle the paperwork, file it to the court, and speed up the whole process.

Why do you need 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.

Do you want to consult a Probate Attorney?

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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.

How can Probate Lawyers help?

Attorneys can aid during the probate process by settling any disputes that may arise. Families are complex, so when it comes time to settle the affairs of an estate, things can become contentious quickly. Our firm can work with all parties to not only ensure the validity of the will but work towards a resolution.

Along with contesting a will, other disputes can arise that involve the value of the assets of an estate and even how an executor is handling the distribution of assets. As an executor, if a family member of the estate you are administering has a bone to pick with the contents of the will, even at no fault of your own, you may be questioned about whether or not you are fulfilling your fiduciary duties as an executor. Ensure you are protected from any liabilities by enlisting the help of a probate lawyer for all of your probate-related matters.

Why Should I Hire a Probate Attorney?

When times are stressful and emotional, you should consider hiring a probate lawyer that can take a major load off of your shoulder, no matter where you stand during the probate process. Hiring a probate attorney can give you the peace of mind you need to tackle other important areas of your life without compromising the importance of the probate process.

To schedule a consultation, call Henderson & Henderson at 843-212-3188 or use the form to send us an email.

Meet George Fowler, Your Probate Attorney in Charleston SC

image of probate attorney George Fowler
George will help you simplify the process of transferring ownership of a property to yourself, from a parent who has passed on.

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.

Learn more about probate law, about George Fowler, and contact him for any questions.

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