South Carolina Sample Letter for Decedent's Real Estate Transaction
Description
How to fill out Sample Letter For Decedent's Real Estate Transaction?
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FAQ
If you live in South Carolina and die without a valid will and have only a surviving spouse (but no children), your spouse gets everything. If you have children and you die intestate in South Carolina, your spouse inherits half of your estate while your children get the other half evenly.
If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.
As of now, South Carolina law does not permit the use of TOD deeds to transfer ownership of real estate. Instead, other estate planning tools, such as joint tenancy or a living trust, can be used to avoid probate for real estate.
If you leave a spouse and no children, your spouse takes all. If you leave no spouse, but children, then your children take your property. Generally, if a child of yours does not survive you their children take the share your child would have taken if they had survived you.
When heirs' property is created, the heirs own all the property together (in legal terms, they own the property as ?tenants in common?). In other words, they each own an interest in the undivided land rather than each heir owning an individual lot or piece of the land.
While there is no specific deadline for this in South Carolina law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
If all inheritors do not agree then the property cannot be sold. Chill! If majority of the inheritors are willing to sell the property they need to go through a probate court. The inheritors can file a 'partition action' lawsuit in the probate court.
In South Carolina, the personal representative must execute a deed of distribution with respect to real estate owned by a deceased person in order to transfer or release the estate's ownership or control over the property.
