Legal Question in Wills and Trusts in South Carolina
Heir Property
My Mom died without a will and I have a Deed of Trust stating that my siblings and I are heirs to property in South Carolina. One of my siblings wants to sell. What are my distribution rights?
Asked on 1/17/09, 2:16 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Heir Property
After the affidavit of heirship(or something similar) has been filed with the appropriate probate court in South Carolina along with whatever else needs to be done to properly establish title in the heir siblings, the one who wants to sell his or her share of the property will need to initiate what's called a partition suit in the city or county where the property is located in the event that an agreement cannot be reached among all of the heirs to sell it.
Answered on 1/18/09, 12:16 pm