Property was owned by Husband and Wife.
• Husband 50%, 4/8 share
• Wife 50%, 4/8 share
They have 1 child together (child) and she has 1 child previous to marriage (step-child)
Wife died 1992 Intestacy and probate was never done.
• Husband- 6/8 share , His 4/8 plus 2/8 of deceased wife (1/2 of her share)
• Child- 1/8 share, He splits the remaining 2/8 of her share with Step child
• Step Child- 1/8 share
Husband remarries 1999 she is referred to as New Wife
Husband dies 5/29/12 Intestacy. Probate completed 3/2013.
Deed of Distribution filed in York Co. SC, 4/2016 by New Wife as Personal Representative.
New wife and Child each receive ½ of Husbands total share of 6/8.
• New Wife- 3/8 share
• Child –4/8 Share (3/8 share plus he already had 1/8 share)
• Step Child – 1/8 share. Step child still has 1/8 share
We want to purchase this property. The New Wife is 3 years behind on Property taxes
and has no money to pay them. Property was set to go to auction on Monday so I have just paid all past due property taxes on this land. A friend said since the Wife's estate never went thru probate they can not get a clear title.What does New Wife, Child and Step Child have to do in order to get a clear title to be able to sell this property?