Probate, selling of property, and minors in South Carolina.

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As the executor of the estate I was selling a home for the estate. Probate will end soon and the home will be put into all the heirs names, some of them minors. Probate suggests that this will prevent the sale of the home because of the minors. I assume this will make my current contract with the realtor void since I won't be speaking for everyone any longer. Is that true? If it does end the contract with the realtor, would I likely owe the fee?

Attorney Answers

2
James Frederick ·
I do not see how you would owe a fee if it is impossible to legally sell the property. But there are options for taking care of this situation. The parents of the minors should have the court appoint them conservators. This is a fairly simply probate proceeding and it would allow the parents to sign off on the minor's interest and to hold the finds for them, until they come of age. This will prevent the estate and the real property from being tied up for years. More information on conservatorships can be found here: www.co.greenwood.sc.us/_fileuploads/.../GuardianshiporConservatorship.pdf and here: www.lancastercountysc.net/ProbateCourt/GuardianFAQS.asp Best of luck to you! James Frederick
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David C. HaarReal Estate AttorneyMyrtle Beach, SC ·
I agree with Mr. Frederick. There should be no fees to the realtor. You might be required to put this property into a trust which can end when the youngest beneficiary turns 18. As you are aware, you cannot put the property in the minor's names as that will create a cloud on the title. If you do not want to hire a probate attorney just yet, speak with the probate clerk. They can tell you what the judge will accept and how the judge wants it done. I hope this information is helpful. David Haar, Esq. Spirakis & Haar, PA Myrtle Beach, SC www.SpirakisandHaar.com * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.
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