Charleston Wills & Probate Lawyer, South Carolina


Includes: Estate Administration, Living Wills, Wills

Gem  McDowell Lawyer
Gem McDowell
is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.

Gem McDowell

Gem McDowell is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.
VERIFIED
Estate, Wills & Probate, Corporate Tax, Commercial Real Estate, Business

Gem founded The Gem McDowell Law Group in 2010 and practices in the areas of Estate Planning, Probate, Business Acquisitions, Corporate Work, and Comm... (more)

FREE CONSULTATION 

CONTACT

843-284-1021

Roger Scott Dixon Lawyer

Roger Scott Dixon

VERIFIED
Criminal, Divorce & Family Law, Estate Administration, Wills & Probate, Estate Planning

Roger Dixon is the founder and managing attorney of Dixon Law Firm, LLC. His practice includes family law, criminal defense, general civil litigation,... (more)

Jeffrey T. Spell Lawyer

Jeffrey T. Spell

VERIFIED
Estate, Real Estate, Wills & Probate, Collection

Please feel free to contact my office for any legal questions or concerns you may have. My practice is concentrated in the area of real estate litiga... (more)

FREE CONSULTATION 

CONTACT

800-871-2430

Charlie  Condon Lawyer

Charlie Condon

VERIFIED
Accident & Injury, Criminal, Workers' Compensation, Lawsuit & Dispute, Wills & Probate

Charlie Condon brings a wealth of courtroom experience, judgment, and knowledge in seeking results for his clients. Charlie is a sole practitioner, so... (more)

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CONTACT

800-797-1931

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D. Nathan Davis

Real Estate, Wills & Probate, Estate Planning, Bankruptcy
Status:  In Good Standing           

Susan Trout Kinard

Litigation, Wills & Probate, Family Law, Personal Injury
Status:  In Good Standing           

FREE CONSULTATION 

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Evan Guthrie

Wills & Probate, Estate Planning, Elder Law, Accident & Injury
Status:  In Good Standing           

Lewis S Horton

Wills & Probate, Corporate, Contract, Business Organization
Status:  In Good Standing           Licensed:  52 Years

Alyson Christine Fudge

Elder Law, Social Security, Estate, Wills & Probate
Status:  In Good Standing           

Mark C Fava

Real Estate, Transportation & Shipping, Wills & Probate, Business
Status:  In Good Standing           

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LEGAL TERMS

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

SAMPLE LEGAL CASES

Verenes v. Alvanos

... On May 3, 2005, HCC petitioned the Aiken County Probate Court for an order removing Appellant as trustee and naming Penland as successor trustee. ... On October 27, 2006, HCC filed suit in probate court against Appellant individually and as former trustee of the Trust. ...

In re Campbell

... This Court granted Petitioner Betsy M. Campbell's (Mother) petition to review a court of appeals decision setting aside a probate court order appointing two examiners to evaluate Mother's mental competency in a conservatorship proceeding brought by her daughter ...

Judy v. Judy

... On February 8, 2001, James filed suit in probate court seeking partition of the Estate's property. ... On October 15, 2001, the probate court removed Ronnie as personal representative of the Estate and appointed James in his place. ...

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