Legal Question in Wills and Trusts in South Carolina
will
i just found out a few days ago that my sister and myself had been left my grandmothers assets, in the event that my father died, which he did, back in 1992. my grandmother died in 1996, i believe. her two daughters had this probated so that my sister and myself could claim it, going on 12 yrs now. what do we need to do from here to recieve this and to find out exactly what it is.
1 Answer from Attorneys
Re: will
It is hard to tell from your question when the probate was opened. If you have not gone to probate court yet, since your grandmother died more than ten years ago, a different type of case would have to be filed now, called a petition to determine heirs. There is a ten year statute of limitations in probate court that requires any interested person to begin probate proceedings within ten years of the date of death.
If probate has already been opened within the ten year period, then you would want to go to probate court to see what assets were listed in the inventory of assets, to find out what assets were in the estate and what you may be entitled to receive. If the assets were real estate, an attorney could prepare a deed of distribution to distribute your grandmother's real estate to the appropriate beneficiaries.