Gaithersburg, MD asked in Bankruptcy and Consumer Law for South Carolina

Q: Can a surviving spouse also claim their deceased spouse’s homestead exemption in SCarolina bankruptcy ?

Wife passed in Aug Considering Bankruptcy to settle medical bills from Leukemia

Low income -now unemployed

58yr old widow in Poor health now struggling to find work compatible with health conditions.

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1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
  • Bankruptcy Lawyer
  • Licensed in South Carolina

A: The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount. No one is sure if the amount would be the present amount for a person who is living.

You need to meet with an attorney who can advise you further in this regard. Creditors are likely not familiar with this amendment.

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