Palmetto Probate Blog

Some people have asked me “if you are in South Carolina, and you write a will in your own handwriting and sign it, without any witnesses, is it valid?”  These type of wills are known as holographic wills.  No, not this type of hologram http://www.billboard.com/articles/events/bbma-2014/6092040/michael-jackson-hologram-billboard-music-awards

 Or this

 http://starwarsquotes.tumblr.com/post/2998041185/help-me-obi-wan-kenobi-you-are-my-only-hope

 A holographic will is one that is completely written in the testator’s (the person writing the will) own handwriting and signed by the testator.  There are no witness or notary requirements.  In some states, holographic wills are valid.  Unfortunately (or fortunately, depending on your point of view) South Carolina does not provide for holographic wills.  Someone with a South Carolina will needs to have it executed in a certain way in order to ensure its validity.  Check with a qualified lawyer to make sure your will is done right or, if you have a holographic will from another state, have a lawyer check it out to make sure it is valid here.  

Although I am a lawyer, I am not your lawyer just because you are reading this blog.  I am doing this for general information, and you should not take it as legal advice.  Feel free to contact me if you have any questions or comments about this post and your situation.  

Sometimes Medicare patients are admitted in observation status instead of on an inpatient basis.  This can affect the amount of the patient’s bill.  It may not be clear how a patient has been admitted until they receive a bill.  If you are in that situation, there are some materials here that might be of use to you:  http://www.medicareadvocacy.org/self-help-packet-for-medicare-observation-status/.

Like all my posts, this is not legal advice, and I am not your attorney just because you are reading the blog.  If you have any questions, contact an attorney, stat!

I frequently get asked about the reading of a will after someone passes away.  What could be more dramatic?

Unfortunately, in South Carolina, there is no formal requirement for a reading of the will.  Usually, whoever is named as the personal representative knows where the will is and is responsible for bringing it to the probate court.  There it will be public record.   If you take something under a will, or would have inherited something if there was no will, you should receive notice that the estate has been opened.   Generally, you can then request notice of everything that is going on in the estate or go to the probate court and look at the file.

Like all my posts, this is not legal advice, and I am not your attorney just because you are reading the blog.  If you have any questions, contact an attorney, stat!

Check out this post from readwrite.  It gives you some of the issues surrounding what happens to social media accounts and data after someone passes away.

As of Friday, 12/13/2013, Court Administration was still working on the revised forms.  The Word versions of the forms need a lot of formatting work.  Before using a form for the first time you may want to check the S.C. Judicial website to make sure you have the correct version.

This is my new blog!  I am going to try to keep up with the changes to the probate code and issues that affect elders.  And whatever else strikes my fancy.