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Probate | Knapp Law Firm, PC

Tag Archives: Probate

How does an elective share work?

In most states the law allows a surviving spouse to make an election against decedent’s will to ensure the surviving spouse receives a fair inheritance.   In South Carolina the percentage for an elective share is 1/3 of the “probate estate”. The elective share replaced the old English concept of dower which gave a woman…
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Stop, Look, Listen

Q. I am named as personal representative in my father’s will. Can I sell his car immediately after his death so I don’t have to make the payments and start distributing other personal property from the house the day of his funeral? A. The facts and details of your situation need to be discussed with…
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How does a Personal Property Memorandum work?

A Personal Property Memorandum is a separate writing in either your own hand or one typed and signed by the testator and two disinterested witnesses that addresses distribution of various items of tangible personal property and names the recipient of the gift upon the testator’s death.  The document must exist at the time of the…
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