Lexington, SC asked in Estate Planning, Real Estate Law and Probate for South Carolina

Q: If a person have joint tenant with the right of survivorship in SC when will does it comes effect? before death or after

My grandmother deeded the land to multiply people under survivorship joint tenant in SC before my my grandfather death is that legal. An my grandfather didn't signed the deeds either to the people she deeded the land to. An what are the consequences behind her doing this if it was illegal. Can she lose her right to survivorship?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: She can convey her interest in the property. Assuming the grandparents own the property as husband and wife, then if she survives her husband, the conveyance vests. If not, then the conveyance is extinguished. It is a future interest conveyance, and very legal.

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