Q: My mother passed away a little over two years ago. Does her new husband own the house that was in her name.
My mother owned a home for 20+ years. She got married a couple of years before her death in 2018. I do not believe she had a will and she lived in SC. Her husband at the time is still living in the house. It has been brought to my attention that my brother and I are entitled to 50% and her husband would be entitled to 50%. Is that true? What if she had a will naming him the sole inheritor, would it matter if she did? Her husband never mentioned anything to us, but tax records show the house is still registered to my mom. Part of me assumes her husband never took action to move it into his name because he knew we would be notified and may force him to sell. I am not looking to evict him, but want to be sure that when he passes, the house is evenly distributed between his kids and my brother and I.
A: More than likely you and your sibling own a one third undivided interest as tenants in common each. The surviving spouse owns one third also. If a Will is Probated devising the property to her surviving spouse, then you have no interest. I suggest recording an Affidavit of Heirship in that County to reflect your source of title.
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