Best Probate Lawyers in Mount Pleasant

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Mount Pleasant, South Carolina?

  The non-emergency contact number for the Mount Pleasant Police Department is (843) 884-4176.

• Where can I get a copy of police reports for incidents related to my case in Mount Pleasant, South Carolina?

  To submit a report and obtain a copy of police records, you may visit Mount Pleasant's Online Reporting System at https://report.citizenserviceportal.com/Home/Agency?AgencyCode=MPPD. Upon submitting reports through this portal, individuals will be given a reference number and will be allowed to print a copy of the report.

• What assets in Mount Pleasant are exempt from the probate process?

  Mount Pleasant and the rest of South Carolina consider joint tenancy assets with the right of survivorship and retirement accounts with beneficiaries as properties not needing to go through probate. Other probate exemptions also include insurance policies with beneficiaries, pension plan distributions, payable-on-death or transfer-on-death assets, and assets on trust.

• Is it legal in Mount Pleasant to leave a surviving spouse out of a will on purpose?

  It is not. A surviving spouse in Mount Pleasant is protected by the provisions of the South Carolina Probate Code. Specifically, if the will was signed before the marriage, the surviving spouse has the option to take the share that they would have received had the decedent died without a will. On the other hand, the surviving spouse has the option to accept a one-third elective share if the will was written after the marriage.

• What duties fall under the responsibility of an executor in Mount Pleasant?

  The job of the appointed executor in Mount Pleasant will be to complete estate distributions while upholding the will's provisions. This includes paying outstanding debts and bills, completing and submitting tax returns, and collecting and distributing assets. Aside from managing money matters, the executor can petition the court if necessary.

• If a beneficiary in Mount Pleasant passes away before the testator, what happens?

  If the beneficiary in Mount Pleasant was a lineal descendant of a great-grandparent of the testator, the beneficiary's children and grandchildren will take their parent's share automatically. On the other hand, beneficiaries who are not a lineal descendant of a great-grandparent of the testator will not have this privilege unless it is stated in the will.

• What is the cost of probate in Mount Pleasant?

  The fees in Mount Pleasant must be calculated based on the gross value of the decedent's probate estate, as specified in South Carolina Code Section 8-21-770. Specifically, the fee is $25 for assets less than $5,000, $45 for assets between $5,000-$20,000, $67.50 for assets between $20,000-$60,000, and $95 for assets between $60,000-$100,000. For assets greater than $100,000, higher fees should also be expected.