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Christian T. Wall
Charpia & Hammes, Attorneys At Law
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Claimed Lawyer ProfileQ&A
Education
- Charleston School of Law
- J.D. (2023) | Law
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- Missouri Southern State University
- B.S. (2018) | Criminal Justice Administration
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Professional Experience
- Associate Attorney
- Charpia & Hammes, Attorneys At Law
- - Current
- Law Clerk
- Charpia & Hammes, Attorneys At Law
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Professional Associations
- South Carolina Bar # 106550
- Member
- - Current
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Jurisdictions Admitted to Practice
- South Carolina
- South Carolina Bar
- ID Number: 106550
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- United States District Court, District of South Carolina
- ID Number: 14271
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Practice Areas
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Estate Planning
- Health Care Directives, Trusts, Wills
- Real Estate Law
- Condominiums, Easements, Homeowners Association, Neighbor Disputes, Residential Real Estate
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Partnership & Shareholder Disputes
- Landlord Tenant
- Evictions, Landlord Rights
Additional Practice Area
- Civil Litigation
Languages
- English: Spoken, Written
Legal Answers
- Q. Can you evict someone on behalf of a homeowner that is currently incarcerated?
- A: To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that left the property to your friend, it would still have to go through the probate process and a deed of distribution would have to be recorded to transfer ownership.
If your friend believes he was to inherit this property, he needs to contact an attorney to help him.
- Q. Two sons, 1 living (personal rep) and 1 deceased. Is heir the 2 living daughters of deceased son or surviving spouse?
- A: Based on the limited information provided in your question, it appears that the estate should be divided between the surviving son and the children of the deceased son. The surviving son would get 50%, and if the two living daughters of the deceased son are the only issue of that son, they would each get 25% of the estate.
This assumes that the Testator's spouse predeceased them, and that the two sons are the only issue of the Testator, and that the two daughters were the only issue of the deceased son. I recommend finding a local probate attorney to consult with for more specific guidance on your particular issue.
- Q. So I'm completely confused with what I need to do and how to start the probate process.
- A: First of all, please accept my condolences on the loss of your father.
You will need to open up a probate estate with the probate court in the county he was living in when he died. Once the estate is opened and you are appointed the personal representative (what used to be called "Executor"), you will be able to take care of transferring title to his property and distributing his assets.
There is a defined process for probating an estate in South Carolina, and there are different deadlines for the different tasks required. If you contact your county probate court, they may be able to direct you to the forms and resources you need to get started. While you are allowed to handle ... Read More
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