Legal Question in Real Estate Law in South Carolina

Re: Decion making heirs

I am located in Beaufort County; we have many parcels of land which have had and need title clearance. Before now, I have not run into the procedure of forming an LLC to clear title to heirs property. In what county is the property located?

An LLC is a Limited Liability Company. It has members or share holders. An LLC could be drawn up in such a manner that an heir would not have any say so in what is done.

Does my daughter in law have any right to represent the interest of the family?

If your daughter-in-law is a member of the LLC her participation may be spelled out according to an operating agreement or management agreement.

Who are the heirs that can make decisions?

The ususual procedure is for one or more of the heirs to go to an attorney for a formal determination of the true owners of the property. A suit is brought making all known possible heirs parties to the title clearance suit. Each of them must be served and kept informed as to the suit progress. The heirs inherit according to a State Statute known as the Statute of "Descent and Distribution." If a child of a deceased heir dies before the action is begun, his or her children will divide the share. A wife or husband of a surviving heir does not have a share. Why is it necessary to form an LLC to bring a quiet title action? It is possible for an heir to lose a right to make decisions in the law suit if rights are transferred into the LLC.

Have you considered going to an attorney yourself. You could bring the "quiet title action" and "partition action" to partition the property into parcels, if practical, or sell the property and divide the funds, after payment of attorney fees and costs, between the determined heirs according to their interests. Other heirs are not required to give any consent to your bringing the law suit and you will not have the expense of forming an LLC.

The LLC idea is so different, you need to consult your own lawyer. Since his job is to represent your best interest, you will then be sure that you are not being taken advantage of. The idea is totaly new to me and I do not see where it is of any advantage to you. Go see a lawyer!