OPPRESED BY PROBATE SYSTEM AND JUDGES/LAWYERS WHO IGNORE / DEFY WRITTEN LAW
by Margaret
(Campobello, SC)
Both my deceased husband's name and my name (his wife) are on the title to our house. We owe 155,000, but the house is worth 205,000 +. When I filed for probate as his per. rep., I had to list our house as part of his estate, which I'm not sure was even required. I have been paying the mortgage payments, but does my husband's estate still own one-half of the house, or does it belong to me only? So for any creditors, does his estate include 102,500 (one half) of my home? I have now changed the title to only my name as we had joint ownership, but I do not know if my house
is safe from any creditors' claims. At this point, only an ex-wife has filed a "bogus" claim against my husbands' estate, which I have "disallowed," though she is still trying to win a judgment for her claim that was actually time barred 2 years ago, which has forced me to remain in the probate and circuit court system since December 2008, as her lawyer filed a second suit in circuit court despite her probate suit claim being time barred...which means her lawyer knowingly filed a frivolous suit.
I do have a lawyer, and the case is under appeal in the SC Court of Appeals. But how can judges or the court system defy written law regarding time barred claims, despite whether the claims are bogus or real???
Thank you from one truly frustrated by a seemingly corrupt system...