Legal Question in Wills and Trusts in South Carolina
Mother died w/o will in SC
My mom and stepfather moved to SC and my mother died about a year later. My stepfather says they owned most things jointly and he has sold the house and my mom's car.
About 5 years before she died I bought my mother's old house in New Jersey. (She owned it before they got married.) I paid her for it but we put both our names on the deed and mortgage. I've always paid the note and all other expenses alone.
Now I want to sell this house but my real estate broker says I can't do that until my stepfather files papers in SC to show he has a right to sign for mom's half.
He doesn't want anything from the sale of my house but doesn't get around very well and I'm trying to find out what all he'll have to do before I go down there to help out.
1 Answer from Attorneys
Re: Mother died w/o will in SC
I have not seen the Deed between you and your Mom, so I do not know how title was indicated. One of 3 alternatives exist or can be done. (1) If the Deed described you and Mom as owners with survivorship rights, having survived your mother, nothing more needs to be done to make you the sole onwer. (2) If your Mom's estate still has an interest in the property, your stepdad can do one of two things: (A) he can apply to be Executor or Administrator of mom's estate, which then authorizes him to sign a Deed with you on behalf of her estate (although this will allow you to close, it does not resolve Mom's interest in the property), or (B) once he qualifies, he can give you a Quit-Claim Deed to terminate Mom's interest in the house. You can then sell the house and keep all of the net proceeds. If you need assistance, contact me directly.
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