Legal Question in Family Law in South Carolina
My father just died without making a will and I am his only son, but his family is keeping me in the dark on his belongings. They currently refuse to give me his truck which they are driving, and they refuse to let me in his appartment atm. Despite him not owning the truck do I not have the right to take it to the dealer and transfer the papers over? And Arnt I entitled to all of his belongings in his house being his only son? Is there anything I can do? Or a way I should go by it?
1 Answer from Attorneys
You should immediately go to probate court, bringing a copy of your Dad's death certificate. The court will verify that you are his child and open his estate file, appointing a personal representative that can begin legally transferring his assets. The spouse or child has priority to be appointed as personal representative. If he had no will, his property will be distributed to pay his debts (in order of priority under the probate code) and the rest will pass by law half to his spouse and half to his children.
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