Athens, GA asked in Estate Planning, Family Law and Probate for South Carolina

Q: My father died and he has a will there are 7 of us that live other places. Can one of us move into the house before the

Before the will is read

1 Lawyer Answer

A: CAN you, sure.

SHOULD you? That is a much harder question.

Until someone reads the will, how do you know that won't cause problems? Maybe the Will says "My kids are all deadbeats and I want my house to go to the First Baptist Church so they can renovate it for services" ? Maybe he wants to give the house to the local homeless shelter? Maybe he wants Child X to have the house and you let child Y in instead?

Don't be so quick to do things in the wrong order. Take care of your father's final wishes, mourn appropriately, and as part of the mourning process read the will and ready yourselves to do what you need to do to carry out the distribution of 'stuff'. In many regards, that is the least important part of the process -- don't let it become all consuming. You have 6 siblings, each of them far more important than the house.

If something is unclear, or you don't know how to proceed, then you should consult with a local probate attorney to help you with the process. If you need to file for court probate, I strongly urge you to use a local lawyer. There are technical requirements you may not know about that will trip you up if you try to 'do this yourself' -- don't be penny wise and pound foolish about it!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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