Columbia, SC asked in Real Estate Law for South Carolina

Q: my mother passed away she has a property with her on it only. what can my father do? they were married 61 years

my sister has been residing in the home for over 10 years. she pays rent monthly. my mom just passed away 2 months ago today. can my father just turn the home over to her or is he next in line for it. how does that work?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Possibly your Father owns it as the surviving spouse. Whatever the case, hire a competent attorney to search the title, determine heirship, execute an Affidavit of Heirship, and then decide who wants the property by Deed from the owner.

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