Legal Question in Wills and Trusts in South Carolina

Property deeded from a will

The husband willed home and all assets to the wife before he passed away. Left lawyer son as executer. One more son and daughter in family.

Question: Can the wife deed house and contents to the dughter without disturbing the will that son is ececuter over?


Asked on 6/18/01, 9:20 pm

1 Answer from Attorneys

Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Property deeded from a will

Title to the assets passed at death to the beneficiary under the will, but in South Carolina we have what is called a deed of distribution which conveys the property from the estate to the beneficiary. The deed of distribution is normally executed by the personal representative of the estate (executor). If you deed the house out of the estate before the probate is closed and all claims against the estate are paid, the house may have a defect in title which may cause your daughter problems later. The will would really not be disturbed, but the title to the property may be defective, so I would go through with the normal procedures. The estate process usually lasts around one (1) year. If your son is a lawyer, he should know these things, or one of his friends would if he does not do probate work. I am curious as to why you would want to do this. Often, if I know the intent of the question, I can answer more effectively.

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Answered on 6/29/01, 1:55 pm


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