Legal Question in Wills and Trusts in South Carolina

My father passed away in December 2011 at the age of 51 in South Carolina. He is survived by his wife, myself (age 26), my half-sister (age 11), and 3 step-children. After his near-fatal heart attack in 2008, I am positive he made a will. His wife has refused to contact me since his cremation. She has already sold my father's house and bought a house herself. How do I go about finding the information regarding the terms of his will?


Asked on 9/07/12, 6:53 am

1 Answer from Attorneys
Barbara Strowd Barbara A. Strowd, Attorney at Law

If your father's wife has opened a probate case for your father's estate you can go to the probate court and look through the file to see whether the Will was presented and what the Personal Representative ("PR") is doing with the estate. The estate file will be in the county of your father's residence at the time of his death. Since you are a child you should have received a copy of what is called "Information to Heirs and Devisees" regarding the appointment of a Personal Representative. If you live out of state you could call the probate court and ask if a case has been opened for your father's estate. If an estate has not been opened you may want to meet with an attorney to see if you might be able to open an estate for your father's estate.

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Answered on 9/21/12, 4:49 am


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