Expert: Dick Dennis - 9/7/2007

Question
My problem is stumping two attorneys!!
My husband took his own life 5 years ago, leaving behind two children, minors, and no will.
The probate judge in South Carolina granted me permission to sell our home, a farm, pay debts, and finally agreed that I could use the money to buy a home in Florida and move with my children.  The stipulation was that I had to put the minors names on the deed to our new home.
For the best interest of the children we moved back to SC a few weeks ago to be near family, since I am no spring chicken and the children worry that something will happen to me and they will be alone.
This problem has been haunting me every day.  
Now that I am in South Carolina, they say I have to file again and pay fees in  SC even though I had already done the same in Florida.
No one knows what I should do or which state I should do it in.  I have to get the children's names off the deed in order to sell my Florida home or even to get an equity loan.  Financially it is really scary for us.  We could be homeless before this is ever settled.
Please tell me where and what we need to do in order to remove the minors names off the deed to sell Florida property while living in SC.
I hope you can help.
Thank you,
Wendy Truluck

Answer
There are all kinds of attorneys, Wendy. It would seem to me you should consult with an Estate attorney to form a living trust or something similar in which the minors are put on as successor trustees and you as their guardian should be able to sign for them.

Or go back (with an attorney) to the judge you put you in that puzzle and ask him to change it. Yes, it'll probably cost you a few sheckles, but it's the only ways I can think of right now. I do wish you well, Wendy.

Dick Dennis