How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33894
Experience:  16 yrs. of experience including family law.
11181181
Type Your Family Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

My wife passed June 20, 2014 in Pickens, SC without a will.

Customer Question

My wife passed June 20, 2014 in Pickens, SC without a will. We owned a Mobile home and the land 1ac under it in both our names (no "or") with a homestead. My wife died a horrible death suffering, at our home for 6 months with full body cancer. When she died I was so upset I no longer wanted to live in the mobile home so I went with my son to the SC DMV and had it put into his and his girlfriends name. They changed it even though stitle did not state "or". I still have the title for the land since I cannot do anything with it since it is in my wife's name and mine. (no "or")
I am now wondering, since my wife has 2 grown children from her first marriage and we have a 35 year old son from our marriage (all of whom are all estranged (2 in NJ, 1 in Pickens, SC) what happens if they refuse to sign and/or return any paperwork? Will that
allow me from going ahead? I am 76 and wish to donate the land to a cause.
I have not done anything yet, I now live in a Sect. 8 Apt. Your opinion will be appreciated.
Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Sir, I am truly sorry for your recent loss. If your wife did not have a will then her property will be distributed according to the law of your state, South Carolina. Under this law her estate will be divided between you and her children born outside your marriage. Because title to the land was in both of your names you are a half owner of this land and she is a half owner of this land. So for half of the land will be divided between you and her children.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I basically knew a lot of this. I just don't know how do they get possession or monies of their third (each) of the part of the land after I receive my part, which I said I would donate since I live in a Sect.8 Apt. and cannot benefit from this?
Expert:  P. Simmons replied 1 year ago.

Thank you. Someone will need to probate the estate. That is, someone will need to go to court, with a lawyer, and open probate That probate process will allow division of her estate including changing the name on the title or selling the land.

With this impacts your eligibility for section 8? Perhaps; any income you receive from this would be countable toward your eligibility for section 8 benefits. That said, you can waive your interest in her estate... Basically you can allow her children to have your share of her estate. This would prevent you from inheriting anf therefor impacting your ability for section 8 benefits. Consider simply allowing her children to probate the estate and waving your interest in her estate.

Expert:  P. Simmons replied 1 year ago.

follow up,
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Related Family Law Questions