Estate Law Questions? Ask an Estate Lawyer.
HelloThis is Samuel. So your Mom passed without a will and the heirs have now passed - did the heirs have wills?
Ray a new expert here.The spouse and children of any deceased children would take their shares under the SC laws of intestacy.
The court in the probate proceedings applies the laws and names the heirs and their respective shares under the law.Then the assets are either sold or conveyed by the administrator to the heirs in such a situation.You really need to open probate on mothers land and the administrator would divide it or sell it and hold deceased siblings share until their heirs open probate to claim funds and it is then paid to them or deeded ti to the them.
SC laws of intestacy
If you die with:
here’s what happens:
South Carolina Lawyer Referral
Address:***** Columbia, SC 29201
These kinds of things only get more complicated over time.Here there are several estates to resolve all of this now.You could open administration here, court will pay legal fees and costs, everyone pays their shares for mothers estate costs.