Columbia, SC asked in Probate for South Carolina

Q: How would I find out if my deceased father co-ownership of his property was tenant of common or Joint tenant.

Can stepmom get reimbursed for the funds she put into my dad’s property ( the property he owned before marriage) during probate, although she’s getting most of everything? Leaving my brother and I with barely nothing. How can I contest that?

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1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: As to land, you must read the Deed and determine the exact Estate. You may need to perform a title search. If death did not extinguish your Father's interest, the land will go to his heirs at law, which would include a surviving spouse if one, at his death. If there is a Probate, the land should not be affected unless it is an Insolvent Estate. Reimbursement is very doubtful, but a surviving spouse will be entitled to most, if not all, the Estate. You and your Siblings may only get undivided interests in the land. A Sale For Partition may be advisable.

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