Legal Question in Wills and Trusts in South Carolina
wicked stepmother
My father died recently and my stepmother has cut all communication from my children and I, even going so far as to not inform us of the funeral home and arrangements. My father told me he had a will, and several things about it and my inheritance. I'm sure she is trying to pull a quick one. I do not know who his lawyer was. Am I at her mercy?
1 Answer from Attorneys
Re: wicked stepmother
You probably want to contact an estate attorney. Estates are public record - you can go to the clerk of court in the county where your father died and see if an estate has been opened and if a will has been probated or if it is an intestate estate (someone that died without a will). In fact, if no estate has been opened, you may be able to open an estate yourself as an heir. You will want to consult with an estate attorney but if you don't have the will, you could always try to open an estate (which would give you the power to deal with your father's property) and if you found a will, I'm pretty sure you'd be able to bring it back and amend the original documents. Again, this sounds like it will be pretty complicated when you already have a conflict with your stepmother so I would strongly suggest you consult an estate administration attorney in your father's county.
- Jeff