Legal Question in Wills and Trusts in South Carolina

Re: Will and probate

If your mother was residing in South Carolina when she passed away, then the will should be probated there and you need to contact an attorney in that state.

If she was living in New York, then the following questions apply - who is the executor named in the will? Has that person commenced a probate proceeding? If so, you will get notice and at that point can file objections to the will. Do not sign any consent forms if you are considering contesting the will.

Whether you have grounds to object to the will is subject to many factors. Please contact my office directly if you would like to discuss further.

Re: Will and probate

While I generally agree with Andy, the procedure would be about the same in either State, i.e., filing objections (a caveat to the Will. Be careful, as there is usually a limited amount of time following the probate in which this can be done. The Will is required to be probated in the State and County where Mom was residing when she died. When appointed, the Executor must give you notice of its probate and a copy of the Will. You can always get a copy directly from the Surrogate, for a small fee, unless you go there. I caution you that Will contests can be time consuming and very costly; presuming you have grounds for a contest and good proof of your allegations of misdoing. The Executor must provide a detailed accounting of everything that took place and this can also be contested. One last thought: If the same attorney who drew the original Will also did the amendments, your ability to contest will be more difficult, as he will bemome a witness and try to support what he did, so your case may be harder to prove. Of course, if he did anything wrong, you can make a claim against him also.