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Question

I am the only survivor of heir property in South Carolina (USA). My brothers are deceased they had no children. Would I be the sollesurviving heir of the property? Both brothers were married.

Submitted: 152 days and 19 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

South Carolina

Already Tried:
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Accepted Answer

If you parent died without a spouse and your sibling had not children, then you would receive the entire estate.

Here is the relevant law for SC.
SECTION 62 2 103. Share of heirs other than surviving spouse. The part of the intestate estate not passing to the surviving spouse under Section 62 2 102, or the entire estate if there is no surviving spouse, passes as follows:


(1) to the issue of the decedent: if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree then those of more remote degree take by representation;

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Expert: Daniel Solutions
Pos. Feedback: 98.6 %
Accepts: 1940
Answered: 6/8/2009

Lawyer (JD)

Practing General Attorney, Professor and Lecturer of law for two decades

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