Legal Question in Wills and Trusts in South Carolina
Probate or other resource for father in law
My father in law lives in SC. Is probate necessary? Can we do all the necessary things from Arizona? Do we need to hire a SC lawyer? What is an average fee for a lawyer? How long does it take? My father in law asked that I find these things out, he's worried that we will have to stay in SC to handle this. Thanks.
1 Answer from Attorneys
Re: Probate or other resource for father in law
You say your father-in-law lives in SC and then you ask if probate is necessary. Probate is necessary if someone dies and leaves assets in their name only. There are ways to avoid probate, one of which is to have someone named as a beneficiary on accounts or joint owner. Careful with joint ownership. The other person has full rights and control over accounts. If probate is required, the action must be filed in the county and state where the decedent resided.