Other Real Estate Issues
Few people go into basic real estate dealings expecting them to result in litigation. However, unexpected disputes often arise.
- Tax Deeds. When properties are sold at the Tax Sale, the delinquent tax payer, according to state statute, has one year from the date of the tax sale to redeem the property by paying the taxes, interest, penalties, and cost as stated. The delinquent tax payer is not required to vacate the premises. If the delinquent tax payer allows the one year Right of Redemption Period to pass without paying the taxes, penalties, interest, and cost as stated, the property is conveyed to the highest bidder.
- Heirs Property. When a piece of real estate is passed down from generation to generation, fractional interests are created and often many, many people obtain an ownership interest. If you own one of these interests, the law affords you the chance to quiet the title (officially determine ownerships and interests) and to partition (sell or allot) the land. That way, you can realize your actual interest. Mr. Medlock has cleared the title for fractional owners / clients and can do the same for you.
That tax deed does not give clear title to the successful purchaser, and stories abound of tax sales being overturned in litigation over some miniscule technicality. No title insurance company will isse title insurance on a piece of property fresh from tax sale. If you purchased property that has a tax sale deed within the past ten years, you should consider bringing an action to confirm the title. Likewise, if you recently lost a piece of property to tax sale, you may have options. Michael S. Medlock has handled many of these cases and can help you with your situation in all South Carolina Counties.
Estate Planning
Make your wishes known before its too late!
- Last Will and Testament. Your Last Will and Testament is one of the most important documents that you will ultimately leave behind. Without a will, the State of South Carolina determines what happens to your property. With a will, you determine how your property passes. And, if you have a young child or children, it is especially important that you have a Will in place to guide what happens to them in the case of an untimely death.
- Power of Attorney, Medical Power of Attorney, Living Will. The time to prepare Powers of Attorney, or to tell you doctors and relatives whether of not you want life sustaining procedures followed or withheld, is NOW. It cannot be done when the time has come and you are no longer to tell your loved ones and medical professionals what you want. Protect your family now, and save them from having to make heart-wrenching decisions later.
Probate means the Will is admitted as valid under When someone dies without a Will, his or her estate is called "intestate". In this case, the State delegates who inherits and in what amount. Mr. Medlock is familiar with the probate laws, probate court requirements, and can assist in all of these types of estate proceedings. - Guardianship / Conservatorship. These are proceedings to assist when an individual is a minor or an adult who cannot handle their own affairs due to some sort of disability. In South Carolina a Guardian handles personal and custodial matters for an incapacitated adult. The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or alcohol, or other causes, except minority. A Guardian must decide where the person will live and make provisions for his/her care, comfort and maintenance, including mental and health care decisions.
A Conservator manages financial affairs or property for an incapacitated adult or for a minor. A bond insures that the conservator carries out his duties faithfully and appropriately. The bond is based on the total value of the protected person's property (excluding real estate), plus one year's estimated income. The Conservator must manage and protect the property, and report periodically to the Court about the assets, receipts and disbursements of the estate. No expenditures can occur without written Court order. If the Court appoints you Conservator, it will be your responsibility to dutifully handle the financial situation of the protected person as stipulated by the Court. With the help of Michael S. Medlock, these types of actions can proceed smoothly through the probate courts.
Probate, Guardianships and Conservatorships
- Probate. Upon the death of an individual, his or her estate needs to be probated.