Loganville, GA asked in Estate Planning for South Carolina

Q: Do I need to have my mothers estate put in my name ? I am only child and the sole heir in her will.She is still alive.

I am sole heir to mothers estate in her will.She is still alive & well now and we live together.Should I have home put in my name before her passing.If so what do I need to do?

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: You should contact an state planning attorney. The short answer is probably "yes" you need to arrange either to re-title the house or have your mother execute a Transfer on Death deed (if her state's law offers it), but it's impossible to give a good answer to your question without knowing a lot more about your mother's estate (her holdings in real and personal property, cash, securities, CDs, retirement accounts, etc.). If avoiding probate is your goal, this can often be accomplished easily and inexpensively, but requires knowledge of everything that is to be passed down to you. You might re-title the house only to find out later you still have to probate her estate because of something you missed. Many attorneys offer free initial consultations. Gather all the information you can and contact one or two. Good luck to you.

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