NO. 2019-ES-28-00316
SUMMONS
STATE OF SOUTH CAROLINA IN THE PROBATE COURT COUNTY OF KERSHAW
IN THE MATTER OF: Clathyn Williams, Sr. Julia B. Williams
Julia B. Williams
Personal Representative/Petitioner
TO: Monique Williams Reed,
4718 111th Street SW, #10, Lakewood, WA 98499
Marie Ammous Brown, 4618 Tacoma Avenue S, Tacoma, WA 98408
Clathyn Williams, III, 7008 E Tonia Street, Tacoma, WA 98404
Clathyn Williams, Jr., 248 S Howell Avenue, Chattanooga, TN 37411
YOU ARE HEREBY SUMMONED and required to reply to the Petition for distribution of estate assets (the “Petition”) in this action, a copy of which is herewith served upon you, and to serve a copy of your Reply to the said Petition on the subscriber at their office at 7567 St. Andrews Road, #102, P.O. Box 1545, Irmo, South Carolina, 29063, within thirty (30) days after the service hereof, exclusive of the day of such service; and if you fail to answer the Petition within the time aforesaid, the Petitioner in this action will apply to the Court for the relief demanded in the Petition.
LAW OFFICE OF SMOKEY BROWN, PC
By: /s/L.A. “Smokey” Brown, Jr.
7567 St. Andrews Road, #102
P.O. Box 1545 Irmo, SC 29063
(803) 732-3797 SC Bar #13435 Dated this 21st day of May, 2020
CASE No. 2019-ES-28-00316
PETITION
STATE OF SOUTH CAROLINA COUNTY OF KERSHAW
IN THE PROBATE COURT
IN THE MATTER OF:
The Estate of
Clathyn Williams, Sr. Julia B. Williams,
Personal Representative/
COMES NOW the Petitioner, by and through her attorney of record, and for her Petition to this Court would respectfully show as follows:
PARTIES
1) The Petitioner is an individual and citizen of Kershaw County, South Carolina.
2) The Petitioner is the Personal Representative for the Estate of Clathyn Williams, Sr. (the “Estate”).
3) Clathyn Williams, Sr. (the “Decedent”) was domiciled in Kershaw County and died intestate March 24, 2019.
4) Monique Williams Reed, Marie Armmous Brown, Clathyn Williams, III, and Clathyn Williams, Jr. are the Decedent’s living children and therefore, intestate heirs of the decedent.
5) Petitioner is the spouse of the Decedent and therefore, also an intestate heir.
VENUE AND JURISDICTION
6) The Petitioner resides in Kershaw County, South Carolina. The decedent’s estate is filed of record in Kershaw County. The situs of all estate assets is Kershaw County. Therefore, this Court has proper venue and jurisdiction for the trial of this matter.
STATEMENT OF FACTS
7) Clathyn Williams, Sr. died on or about March 24, 2019. The Decedent died intestate leaving the Petitioner (his spouse) and children as surviving heirs.
8) Bond was filed to open the Estate, and the Petitioner was informally appointed as Personal Representative on July 26, 2019.
9) As a result of the financial burdens that came with the death of the decedent and to avoid foreclosure, Petitioner has leased the real property located at 7 Hurdle Court (“7 Hurdle Court”) to a third-party tenant. The lease admits 7 Hurdle Court is subject to probate. The income from this lease has been used to pay the mortgage and utilities.
11) The third-party tenant failed to pay the rent which covers the mortgage and utilities for the last three months. The Petitioner is now obligated to repay these debts.
12) The Estate currently holds:
2014 Trailer, VIN 5E2Bl 1218E1050896, with an approximate fair market value of two thousand, seven hundred dollars and 00/100 ($2,700.00) dollars,
1993 GMC 1500 Suburban, VIN IGDEC16K5PJ705064, with an approximate fair market value of four hundred and 00/100 ($400.00) dollars,
2003 Cadillac Escalade, VIN 3GYFK66N33G206322 with an approximate fair market value of three thousand three hundred and 00/100 ($3,300.00) dollars,
– The real property located at 7 Hurdle Court, Lugoff, SC 29078, TMS# 308-00-00-034, Record Book 2838 at Page 187, with an approximate fair market value of two hundred six thousand, five hundred and 00/100 ($206,500.00) dollars (see attachment A) subject to a mortgage by Carrington Mortgage Service, LLC, Account number 31276515, with a balance of approximately one hundred eighty two thousand, five hundred forty-four and 99/100 ($182,544.99) dollars (see attachment B) as of September, 2019.
A check from Fairfield Electric Cooperative, Inc., in the decedent’s and petitioner’s names. The value of the check is six hundred eighty-one and 99/100 ($681.99). The Estate holds half of that value, approximately three hundred forty and 99/100 ($340.99) dollars.
A check from Fairfield Electric Cooperative, Inc., solely in the decedent’s name, with a value of one hundred sixty-five and 87/100 ($ 165.87) dollars.
A check from the IRS, in the decedent’s and petitioner’s names. The value of the check is six hundred twelve and 89/100 ($612.89) dollars. The Estate holds half of that value, approximately three hundred six and 45/100 ($306.45) dollars.
13) Since Decedent’s death, Petitioner paid or is obligated to pay approximately twenty-one thousand, six hundred sixty-two and 93/100 ($21 ,662.93) dollars from the following expenses:
Eight thousand, five hundred eighty-eight and 00/100 ($8,988.00) dollars, for funeral and burial services.
Five thousand and 00/100 ($5,000.00) dollars, for attorney’s fees.
– Eleven thousand, three hundred fifteen and 00/100 ($11,315.00), for mortgage payments on the real property located at 7 Hurdle Court, Lugoff, SC 29078. From this amount, eight thousand, one hundred forty 00/100 ($8,140.00) was paid by the third-party tenant. The remaining three thousand, one hundred seventy-five and 00/100 ($3,175.00) was paid by the Petitioner.
Three thousand, nine hundred fifty-seven and 27/100 ($3,957.27) dollars for the electricity bill to Duke Energy. From this listed amount, one thousand, eight hundred seventy-three and 32/100 ($ 1,873.32) dollars was paid by the third-party tenant. One thousand, two hundred twenty-nine and 41/100 ($1,229.41) was paid by the Petitioner, and the remaining eight hundred fifty-four and 54/100 ($854.54) dollars is still owed because of the tenant’s default.
Eight hundred fifty-three and 31/100 ($853.31) dollars to Lugoff-Elgin Water Authority for the water bill. From this listed amount, six hundred fifteen and 36/100 ($615.36) dollars was paid by the third-party tenant. One hundred eighty-nine and 27/100 ($189.27) dollars was paid by the Petitioner. The remaining forty-eight and 68/100 ($48.68) dollars is still owed because of the tenant’s default.
Seven hundred thirty dollars and 31/100 ($730.31) dollars to Kershaw County for the sewer bill. From this listed amount, five hundred nine and 48/100 ($509.48) dollars was paid by the third-party tenant. Eighty-two and 18/100 ($82.18) dollars was paid by the Petitioner. The remaining One hundred thirty-eight and 65/100 ($138.65) dollars is stilled owed because of the tenant’s default.
– Four hundred eighty and 00/100 ($449.20) dollars to Spectrum for the cable bill in the decedent’s name.
– Five hundred sixty-seven and 00/100 ($567.00) dollars for HOA assessment for the real property located at 7 Hurdle Court.
– One hundred twenty-one and 00/100 ($12100) dollars to Auto Owner Insurance Company for the bond to be appointed personal representative.
Three hundred twenty and 00/100 ($320.00) dollars for the personal representative fee pursuant to S.C. Code Ann. 62-3*719 (Supp. 2019).
Five hundred and 00/100 ($500.00) dollars to Nationwide for the car insurance payments.
14) Monique Williams Reed, Marie Ammous Brown, Clathyn Williams, III, and Clathyn Williams, Jr. received all filings of the decedent’s estate since probate was filed with Kershaw County Probate Court.
15) The decedent’s children have not assisted Petitioner with decedent’s expenses even after Petitioner attempted to seek their assistance.
16) Petitioner seeks reimbursement of the listed expenses above, both as Personal Representative and pursuant to S.C. Code Ann. 62-2-401 (Supp. 2019).
WHEREFORE, premises considered, Petitioner prays for judgment as follows:
a) For the Court to grant Petitioner her right as the spouse of the decedent not only her intestate share of the estate, but also the value of the estate pursuant to S.C. Ann Code 62-2-401 (Supp. 2019).
b) For the Court to acknowledge and accept Petitioner’s claims against the
estate.
c) For the Court to grant the Petitioner the interest in the home subject to the mortgage of Carrington Mortgage Service, LLC and the other assets of the
Estate in compensation for the expense listed above;
d) For the Court to allow the Petitioner by deed of distribution to convey the real property located at 7 Hurdle Court, Lugoff, SC 29078 to herself as the
Grantee; and
e) Any other relief this court deems just and proper, whether in law or in equity.
Respectfully Submitted, L.A. “Smokey” Brown, Jr.
LAW OFFICE OF SMOKEY BROWN, PC
7567 St. Andrews Road, #102
PO Box 1545 Irmo, SC 29063
(803) 732-3797 (803)732-5459 (fax) smokeybrown@smokeybrownlawfirm.com
Irmo, South Carolina
Dated this 15th day of May 2020.
IDX-902253
July 1, 8, 15, 2020
