Estate Law Questions? Ask an Estate Lawyer.
I contacted an attorney in SC and they want to open an estate in SC and here in IN. The will was probated, but didn't need an estate opened here, because the estate valued less than $50,000. There are 3 names on the deed - my dad and mom, and sister. Dad and sister predeceased my mom. Would only her estate have to be opened? No specific heirs are listed in the deeds or her will.
Yes, you will need to get dad and sister off the deed with some manner of ancillary probate in SC or deed change. As it stands dad, and sister's estates are 1/3 owners unless the deed had the parties as Joint Tenants With Right of Survivorship, If the deed was such that it included survivorship rights then your Mom as the last owner alive would have full possession. All you would need to do is present the death certificates at the SC recorders office along with a deed change. Either way once mom (mom's estate) is the full owner you can complete probate of mom's estate and transfer the property to a new owner.
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