If the spouse opened the estate less than 10 years after your parent passed away, you should check with the probate court to see what has happened up to this point and if there’s a will. If there’s a will, you would be entitled to anything given to you in the will. If there is no will, you would be entitled to whatever is given to you by statute.
I Know My Parent Left Me Some Property In Their Will, But I Haven’t Heard Anything About It Since They Passed Away. Who Will Notify Me Of Anything I’ve Inherited?
If your parent left you property in a will, the personal representative should notify you as an heir. However, I recommend going to the probate court to see if there is a will. If there is a will, you can proceed from there.
I’m Told I Was Not Listed In My Parent’s Will. I Don’t Believe I Would Have Been Left Out, How Can I Find Out For Sure?
To Find out whether you are included in your parent’s will, you can go to the probate court in the county where the estate is open to see if there is a will that has been probated.
In South Carolina, Can Real Estate Be Passed Through A Will To The Spouse And Sold Out Of Probate?
Under certain circumstances, a real estate property may be passed through a will to the spouse and sold out of probate. If the will says, “It goes to the spouse,” the transfer will normally happen after the eight-months’ creditor’s claim has expired. However, if there is a valid claim, and the only way the claim could be paid is through the sale of the house, the judge can order the house to be sold. The portion that was in the estate could be used to pay the debt.
My Sibling Passed Away Leaving All Of Their Estate Including Half Of Our Parents’ Home To Their Spouse. Can We Sell The Home Now Or Do We Have To Wait Until Probate Is Over?
If you want to sell your sibling’s home after they have passed, you would normally have to wait until probate is over. Of course, both you and the spouse will have to agree to the sale. If there’s a will, and it gives powers to the personal representative to sell, then it can be sold during probate. Again, that can only happen if you, the spouse, and court agree.
My Sibling Passed Away Years Ago, My Spouse And I Lived With Him For A Year Prior To Death. We Continue To Live At The Residence, But The Estate Is Still In His Name. We Never Went Through Probate Court Because We Aren’t Familiar With The Process. What Should We Do Now?
If your sibling passed away years ago, and no probate was opened, whether you go through probate or a determination of heirs process will depend on how long ago the person died. If it was more than 10 years ago, you cannot open an estate in South Carolina. You’ll have to go through a determination of heirs process. If your sibling died less than 10 years ago, you should open a probate estate as soon as possible. That way, the property can be passed through legal means.
Is My Widowed Mother Still Responsible For Back Taxes On My Deceased Father’s Sale Of Inherited Land?
If your widowed mother’s name was not on the inherited land that your deceased father sold, she is not personally responsible. However, the estate is responsible for his taxes, and a tax return has to be filed for the year in which he died. The IRS can file a claim for back taxes. The taxes may have to be paid through that tax return filing.
For more information on Probate Laws In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.