Legal Question in Wills and Trusts in South Carolina

Re: Mother-in-law

Since she died without a will, she died intestate which means that her estated must be divided pursuant to the intestacy laws of the State of South Carolina, provided she was a resident of South Carolina at the time she died. In South Carolina, we have what is called a deed of distribution which is done through the Probate Court while the estate is being probated. Each heir would be entitled to an interest in the house. If her son was the only living heir, he would get the house. You would need to contact an attorney who does real estate to prepare the deed of distribution. The house would not go directly to you if your only claim is being married to her son. Although, he can have a deed executed deeding you an interest in the house to have the house in both names. If there are more heirs than her son, then they would have to relinquish their ownership rights in the house in order for her son and you to have sole ownership.