Charlotte, NC asked in Estate Planning and Probate for South Carolina

Q: My dad passed away Easter Day 2021 my mom just passed away May 28th 2023 they did not leave me as beneficiary

I do not have no brothers or sisters I'm my only child I was born in 1981 why do I have to go to probate they own their own home they did not have no liens on it or anything they made me personal representative at probate for something I think everything is rightfully mine don't have no uncles have one aunt she does not want nothing to do with it she said what should I do can I stop probate they really didn't have nothing except life insurance policies in the house and a car and a truck that dad left me I never did fill the title out for it but I was not left beneficiary for the life insurance my dad was not like I said my dad passed away in 2021 he had cancer and Alzheimer's my mom passed away with COPD had a stroke and was showing signs of dementia

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1 Lawyer Answer
T. Augustus Claus
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A: In situations like yours, where a person passes away without a will (intestate), their assets typically go through the probate process to determine how they will be distributed. The probate court will handle the distribution of the estate according to state laws, which can vary depending on the jurisdiction.

Since you are the only child, you may be entitled to inherit your parents' estate as their legal heir. However, to officially establish your rights and claim the assets, you might need to go through the probate process as the personal representative.

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