Probate

the several counties in this State, to report to the probate courts of their respective counties, semi-annually, at the January and July terms of said courts, all freedmen, free negroes and mulattoes, under the age of eighteen, within their respective counties, beats or districts, who are orphans, or whose parent or parents have not the means, or who refuse to provide for and support said minors, and thereupon it shall be the duty of said probate court, to order the clerk of said court to…

The types of cases work completed by probate courts are cases related to mental illness, marriage licenses, distribution after a person's death, and adoption of a minor. Intermediate Appeals Courts includes the Court of Civil Appeals that has five judges that sit in panels consisting of three…

her entire wealth, property, money, including her life insurance benefits, will be controlled by the probate court, to be distributed accordingly. Additionally, the children’s assets will be thoroughly monitored by a guardianship supervised solely by the probate court. As a result of this action being effected, the family will face unnecessary come unwanted expenses in addition to a delay in distribution of the children’s rightful…

the attorney referred the gripe to me. The attorney informed me by email that the belligerent beneficiary had the following complaints: 1) The beneficiary didn’t understand why the distribution happened early: that distributing early was against probate protocols. 2) The beneficiary wanted to know why a final inventory and final accounting wasn’t provided along with the distribution. 3) Since the distribution happened without the knowledge of the beneficiary, the beneficiary felt slighted.…

Having to confront a belligerent beneficiary is an awful position for an executor. Unfortunately for executors, beneficiaries have rights to an estate that executors must respect. (Refer to the article Know your Beneficiaries to review beneficiary rights.) So, an executor must try to handle a belligerent beneficiary as described in the article How to Handle a Belligerent Beneficiary. Conversely, if all efforts fail to appease the belligerent beneficiary, the executor has to take action to move…

These documents are important in your overall financial plan. If something were to happen to you two your children would be left going through a lengthy probate process. Probate is the government’s method of transferring the ownership of all of your assets. This process can take a long time to settle and be very costly to your heirs. We recommend that you each have a complete set of estate documents including…

Assignment 2 Jurisdiction is the authority of a court to hear and decide on a matter. The textbook translates jurisdiction for us, “In Latin, juris means “law,” and diction means “to speak.” Thus, “the power to speak the law” is the literal meaning of the term jurisdiction.” Each and every court must have the power to speak over a matter before the matter can be disputed in their court. The court needs to have jurisdiction over the individuals or corporations involved, as well as…

because of the progress the state has made restructuring the system and developing a more professionalized and independent judiciary. South Carolina’s unified judicial system consists of six courts: the Court of Appeals, Circuit Courts, Family Courts, Probate Courts, Magistrate…

When an LLC owns property in different states, and the owner passes away, the estate must settle probate in each state. This is a complex, expensive and lengthy process. A living trust can circumvent these proceedings, allowing the owners heirs to take ownership immediately without extensive legal procedures. Overall, a living trust can save expenses…

resignation, removal, or the court termination of the guardian or conservator. Intestate: If one dies without a will, they have died intestate. Without a will, the court must decide the legal recipient(s) of one's property. Each state has different probate laws. The court uses long-established rules when defining the legal recipients of a will. Joint Ownership can also apply to real property and other forms of personal property. Joint Ownership - (joint bank accounts): When one person dies,…