Asked in Real Estate Law for South Carolina

Q: My mom & dad are deceased the deed to the home was in both their names. There are 4 siblings and a half sibling. The

half sibling has always stayed in NYC. The rest of us are in SC. Me and my sister have been staying in this house practically all our lives, but dad didn't leave a will, but all my siblings know and have heard my dad say he wanted for me to have and take over the house. I'm disabled now so is my live in sister. I still pay the Bill's which are in my name, and I still pay the taxes every year. There is work that needs to b done to the house, but I cant be done because the house is still in my parent's name. What can i do?

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2 Lawyer Answers
Evan Guthrie
Evan Guthrie
Answered
  • Charleston, SC
  • Licensed in South Carolina

A: There are many options that can be explored to transfer title to you as part of the estate administration and probate process. If all of the other siblings are agreeable to transfer the property to you there can be an agreement signed or they can waive their interest in the property. A lawyer can help with this process.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: Heirship needs to be determined. If the half sibling was not the issue of the surviving parent, then he is probably not an heir. An Affidavit of Heirship should be recorded. If no agreement for a Deed to one, then an Action for Partition should be filed as someone will have to pay taxes and maintenance.

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