Brooklyn, NY asked in Estate Planning for South Carolina

Q: I've a 56 yrs old sibling who stays in the house with my Mom.Our Mom indicated in her Will all assets from the sale of

the home are to be divided equally among her children which is fine. The sibling that stays with her is very irresponsible, never helped her pay the mortgage and we know he will not be able to maintain the house by himself if she dies. He has a girlfriend; the family does not approve and know she will try to live in the house with him. Can Mom stipulate in her Will and indicate the names of her other (3) children who are responsible to make the final decision on the sale of the house without the irresponsible sibling fighting in Probate?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: In her will you mother can require that the house be sold and the proceeds split rather than leave the house to her children in equal shares. She can also name one child as the executor who, after being appointed by the court, will have sole responsibility to manage and effectuate the sale.

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