Asheville, NC asked in Estate Planning, Real Estate Law and Probate for South Carolina

Q: Dad died with no will. What happens to the house now and in the future regarding ownership?

Dad passed away last year and mom is living in the house they both paid for. There is no mortgage or lien against the home. All of my siblings received a form for quitclaim deed. What is quitclaim and why would we receive this? Does the house my mom and dad paid for not belong to her? What happens if we do not sign the form? And how would this impact the future of the house when my mom passes away and we do not sign? She does not want a will and she and one of my siblings said that she can't do a will until we all sign the form. Not sure how true this is.

1 Lawyer Answer

A: Without seeing the deed; it is likely that the house would belong to the mother alone. You should consult an attorney to determine your rights before you sign anything.

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