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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6777
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I live in S.C. My husband died-no will. The home Is deeded

Customer Question

I live in S.C. My husband died-no will. The home Is deeded 1/2 interest to me already.There are 3 children. What percentage will i have to pay them to keep my home? I have been told 25% split between the three children and thats all. Is that correct?
Submitted: 6 months ago.
Category: Estate Law
Expert:  Irwin Law replied 6 months ago.
Good morning. I will be happy to assist you in answering your question, but please clarify a view things for me first. You said there are three children. Are you the mother of those children, or are they his children from a former marriage? Also, how does the deed read with regard to your one-half interest? Does it show you as a joint tenant, or tenant in common?
Customer: replied 6 months ago.
It is a Title Of Real Estate which i have 1/2 undivided interest in the property and the home. Children are from previous marriage. We had been married 17 years.
Expert:  Irwin Law replied 6 months ago.
Will while I am not quite certain what "title of real estate" refers to, for the purpose of this answer, I will assume that you and your husband acquired this property while you were married, and the deed shows that you acquired a undivided one half interest at that time. The South Carolina probate code provides as follows: SECTION 62-2-102. Share of the spouse. The intestate share of the surviving spouse is:(1) if there is no surviving issue of the decedent, the entire intestate estate;(2) if there are surviving issue, one-half of the intestate estate.Thus, you are correct. Since you already own a half, you would inherit 50% of your husband's half, which leaves 50% of 50% which equals 25% of the whole property to be divided between the three children.I hope that this information is helpful and that you will enter a positive rating for my assistance.
Customer: replied 6 months ago.
i have one more question- their are three vehicles and one motorcycle. vehicles are 15yrs old-12 yrs old and 27years old. Motorcycle is an 81. How will they be divided? the same way?
Customer: replied 6 months ago.
They are titled to him but have always been around.
Expert:  Irwin Law replied 6 months ago.
Yes. All of the decedent's property passes under the intestate succession statute, so you might have a dealer or someone provide you with an estimate of value and divided them physically, or sell them and divide the proceeds.
Customer: replied 6 months ago.
Can the tax assessment values be used to determine what the worth is of the home and vehicles? And is personal property solely mine?
Expert:  Irwin Law replied 6 months ago.
Tax assessed values are usually not used to value real estate. By personal property, if you mean household furnishings and personal effects such as your personal clothing, jewelry etc. that all belongs to you
Expert:  Irwin Law replied 6 months ago.
Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER

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