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Probate, Estate Planning & Trust Section - South Carolina Bar ...

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AGREEMENT TO CONVEY REAL ESTATE<br />

Facts.<br />

1. Client’s mother died in 2002. Her estate was not probated.<br />

2. Client’s mother had 4 children, 2 of whom were children of decedent.<br />

3. Deceased and client’s mother divorced in 2009. Divorce decree indicated that the<br />

deceased would pay her $40,000 for her interest in the house and she would convey title<br />

to Deceased.<br />

4. Client’s mother never conveyed property to deceased.<br />

Solution:<br />

1. Opened estates of client’s mother and the deceased.<br />

2. Private Agreement—Children of client’s mother agreed to quit claim their interest in<br />

house to children of deceased.<br />

Agreement used:<br />

STATE OF SOUTH CAROLINA )<br />

)<br />

)<br />

)<br />

COUNTY OF RICHLAND )<br />

PRIVATE AGREEMENT REGARDING THE ESTATE<br />

OF PATSY FRASER<br />

Agreement made the 29 th day of August, 2011, between the heirs-at-law of Patsy Fraser, who<br />

are: Jeff Smith, Pat Pool, Evan Smith, Sally Fraser and Karen Fraser, regarding the distribution of the real<br />

estate owned by the <strong>Estate</strong> of Patsy Fraser.<br />

WHEREAS, Patsy Fraser died intestate on April 14, 2002. She was a resident of Richland<br />

County, <strong>South</strong> <strong>Carolina</strong>, and her estate is being administered in the Richland County <strong>Probate</strong> Court as<br />

Case Number 2011 ES 40 00728.<br />

WHEREAS, Harry Fraser died intestate on November 4, 2010. He was a resident of Richland<br />

County, <strong>South</strong> <strong>Carolina</strong>, and his estate is being administered in the Richland County <strong>Probate</strong> Court as<br />

Case Number 2011 ES 40 00824.<br />

WHEREAS, the heirs at law of Harry Fraser are Sally Fraser and Karen Fraser.<br />

WHEREAS, at the time of their deaths, Patsy Fraser and Harry Fraser were divorced.<br />

Page 9 of 19

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