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South Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for South Carolina on
Q: If house is left as a life estate and then split 3 ways if she leaves, whose name goes on the deed and insurance policy?

My dad passed this year. According to his will, he left his house to his gf as life estate. If she decides to leave, we are to sell and split 3 ways (her, myself and my sister). I haven't heard anything about whose name the deed goes in, who is responsible for insurance policy and whose name... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 18, 2021

Was the Will Probated? If not, it has no effect. If Probated, the Executor supposedly must sell the home if she leaves prior to death. The proceeds would be disbursed according to the Will Devise. The Deed would be from the

the three Remaindermen over to the purchaser. I do not...
Read more »

2 Answers | Asked in Real Estate Law for South Carolina on
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... Read more »

Evan Guthrie
Evan Guthrie answered on Mar 2, 2021

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... Read more »

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1 Answer | Asked in Real Estate Law for South Carolina on
Q: If someone was forced to sign their ownership and rights over for their property and land is that duress ?

Years ago my mom left me and my brother half of everything. He told me he couldn’t help me with my medical issues anymore so he told me to sign some papers for my medical to get help. I didn’t sign them until he threaten me to hurt my family so I signed the papers . Years later after he died... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

There is probably no grounds to set aside the Deed. Also the SOL may have run. You might check the title and taxes. And the Mother may have not owned the property in fee simple like you assume. If there was a Will involved, it had to be Probated or had no effect.

1 Answer | Asked in Real Estate Law for South Carolina on
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?

Anthony M. Avery
Anthony M. Avery answered on Jan 7, 2021

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.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: How to remove deceased parent and sibling from house deed?

My father lives in my grandfather’s house, however his name is not on the deed. The deed has my grandfather and my uncle’s name on the deed, both who are deceased. My uncle has two sons, one who is deceased. My dad has been paying taxes on the property for over 20 years. How to I get the deed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 29, 2020

Based on your limited facts I am not sure your Father owns the house in fee simple absolute. But I recommend you hire a competent attorney to search the title, determine heirship, and record an

Affidavit of Heirship. Upon its recording, notify the taxing authority. If there are other...
Read more »

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: Heirs property

My mother passed away some years ago and left me and my brother a house behind . so my little brother took over the house. Now that he passed away his children is trying to take over the house. So who has the rights to Inherited the house .

Anthony M. Avery
Anthony M. Avery answered on Dec 21, 2020

You will need an attorney to conduct a title search, then determine heriship. He should draft and record an Affidavit of Heirship as the source of title notice to the world who the heirs are. Then the heirs need to pay

taxes, insurance, etc. unless they agree to sell. A partition...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: I was willed a piece of lane along with 5 of my uncles who have all died im last living owner none left a will.

Do heirs have more rights than i do what rights do claimed heirs have. To property i am last living owner. And its a bit of confusion do they have same rights as i do whats the difference

Evan Guthrie
Evan Guthrie answered on Dec 9, 2020

This may depend on how long it has been since the deceased person passed away and if the others named in the will or related persons of the deceased survived the deceased person. A probate lawyer can help determine how to best proceed in what is most likely a Determination of Heirs situation.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Deeds are in my husbands name and my first name/ his last name. Never legally changed my name. Problem when selling?

Not sure why my legal name wasn’t used.

Do i need to change it or change to AKA?

Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2020

The granting clause and signature should include all your names. Before the Notary, you covenant you are one and the same as those other names. This should not be a problem.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My mother passed away in August 2020 and left me the mobile home and 1 acre land do I need to get an attorney
Anthony M. Avery
Anthony M. Avery answered on Dec 1, 2020

Yes... Hire a competent attorney to search the title, including the certificate of title on the mobile home. If secured debt liens exist, and the title is otherwise clear, start paying them along with taxes and insurance. Get an Affidavit of Heirship recorded as your source of title if you are... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for South Carolina on
Q: Can a person with a restricted licence drive a car while a license driver in passager seat?
Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A South Carolina attorney could answer best, but your post remains open for a week. As a GENERAL matter in ANY jurisdiction, it could depend on the restriction. Nationwide, Departments of Motor Vehicles enforce different classes of restrictions, covering things such as hearing aids, shoulder... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: I've entered into a Purchase and Sale Agreement to purchase an acre of land.

I've had the land surveyed and have a plat map. The seller is also in the process of selling additional land adjacent to the property I'm buying. Because there is nothing recorded showing that I am in the process of buying the land, the buyer of the other property has had all of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

You could very well lose the prospective property transfers. Without a Deed conveyance over to you, the owner is still free to convey to others. You might be able to sue him for breach of contract, but you better read your contract verbatim. It sounds like you do not have a set closing date.... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: At what point is forclosure Legal?

Contract for 200 a month on 5000. He played 50 a week even though it was 200 a month. Dealing with covid 19 he is a little behind. 200 became due last week. This week he will have the money to pay but she says the contract is null and void. He needs to move. Is this legal? He is in south Carolina.

Ben Corcoran
Ben Corcoran answered on Oct 2, 2020

It would be best to modify this as it is being posted under NC when the relevant law is in SC.

I am not licensed in SC, but I suspect that as soon as he failed to make one full payment of $200, forclosure became legal.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can a grandchild receive a deed to her mother’s portion of the land without signatures from other children?
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Not sure of the question. But all heirs at law are needed to convey the property, unless there is a probated Will Devise to certain devisees. Each heir/ devisee can individually convey their interest. But it takes all interests to add up to a fee simple absolute title.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: Can an apartment refuse to accept my 60 days notice? They're telling me I have to pay 2 months rent up front first.
Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

It really depends on what the lease says. I would recommend that you read your lease in its entirety and if are unsure contact an attorney near you to discuss your options.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: How to get a clean title?

7 adult siblings were deeded the home house (1/7th interest each). 2 have died with nothing to probate so probate was not filed for them.

Home house is now in foreclosure. Bank has approved short sale. 1 of the deceased (in 2016) has 2 heirs and the other deceased (in 2020) has 5 heirs.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2020

A competent attorney can draft and record an Affidavit of Heirship which discloses to the world who the Heirs-At-Law are. I am not following your foreclosure process: are the Heirs selling the home with the money going to the Bank with no foreclosure? If true, then the Affidavit will be... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: What is the general procedure for submitting claims for excess/surplus plus funds,overages etc.. in S.Carolina..

Can I do an assignment or Power of Attorney and file for the excess funds w/out an Attonery?..

Ryan D Templeton
Ryan D Templeton answered on Aug 12, 2020

If you are the person entitled to the surplus funds you must contact the Court or have an attorney do so on your behalf. A person that has your power of attorney is not going to be able to do this on your behalf.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Am I entitled to earnest money?

My home in South Carolina has been under a contingency contract since 6/24-contingency being the buyers get their home under contract by 7/10.They did not get a contract and yesterday asked for an extension and we gave them until 7/22. Today we are told that they want completely out of the contract... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2020

Read your Contract of Sale carefully. It should have terms dealing with the earnest money and/or liquidated damages. I assume the money is deposited with the real estate agent, which is a problem. If it is a $1K or less, you might forget about it. If more, then you may have to sue in a small... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: "equal tenants in common" on a deed. if one party dies does the surviving party get the property?

my husband and I are divorced and my name is still on the deed. If he leaves the house to his heirs,

do they get it or do I get half?

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2020

You have to read the Deed. If no survivorship clause is mentioned, then it is probably Tenants In Common of One Half Undivided Interests each. But you need a competent attorney to look at the caselaw on estates and your Deed. If survivorship is involved then it goes to the survivor. You should... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My mother passed away a little over two years ago. Does her new husband own the house that was in her name.

My mother owned a home for 20+ years. She got married a couple of years before her death in 2018. I do not believe she had a will and she lived in SC. Her husband at the time is still living in the house. It has been brought to my attention that my brother and I are entitled to 50% and her husband... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 15, 2020

More than likely you and your sibling own a one third undivided interest as tenants in common each. The surviving spouse owns one third also. If a Will is Probated devising the property to her surviving spouse, then you have no interest. I suggest recording an Affidavit of Heirship in that... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for South Carolina on
Q: My parents' passed, their house was in foreclosure, house went to me, now I am listed on foreclosure as owner.

My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.

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