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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?
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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.
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... View More 
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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... View More
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 .
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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... View More
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
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.
Not sure why my legal name wasn’t used.
Do i need to change it or change to AKA?
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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.
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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... View More
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... View More
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... View More
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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.... View More
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.
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.
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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.
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.
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.... View More
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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... View More
Can I do an assignment or Power of Attorney and file for the excess funds w/out an Attonery?..
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.
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... View More
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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... View More
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?
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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... View More
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... View More
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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... View More
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... View More
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.
My step-sister and I are PR's for our respective parents' estates. We were to execute deeds of distribution for the house, jointly owned by both, to ourselves individually (and then she'd execute a quit-claim to me). However, her deed of distribution has me as the grantee (which I... View More
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answered on Jun 30, 2020
Hire a competent attorney to draft and record Correction Deeds. There are several statutory requirements, including derivation of title clauses which will need declarations of what was corrected on the prior recorded deeds.
His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is... View More
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answered on Jun 18, 2020
The surviving spouse has no right to anything that is yours.
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answered on Jun 11, 2020
That owner will need to file an Action for a Sale For Partition.
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