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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41014
Experience:  Texas lawyer for 30 years in Estate law
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Myself and my siblings are heirs to my mother's land in SC.

Customer Question

Myself and my siblings are heirs to my mother's land in SC. She has been deceased for 43 years. Did not have a will. Since her death, two heirs have passed. My question is: Are the children of the deceased heirs (my mother's grandchildren) entitled to any parts of the property? Are the grandchildren entitled to their parent's part of the heir property?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Samuel II replied 11 months ago.


This is Samuel. So your Mom passed without a will and the heirs have now passed - did the heirs have wills?

Customer: replied 11 months ago.
Only two of my siblings passed since my mother's death. And, no, neither sibling had a will. My question is: Are the deceased children (children's) (who are my mother's grand children) entitled to any portion of my mother's land since their parents are deceased. My mother still have 8 children living - who are heirs to her land.
Expert:  RayAnswers replied 11 months ago.

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.

Expert:  RayAnswers replied 11 months ago.

SC laws of intestacy

If you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants
  • spouse inherits 1/2 of your intestate property
  • descendants inherit everything else
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything
Expert:  RayAnswers replied 11 months ago.

South Carolina Lawyer Referral


Address:***** Columbia, SC 29201

Phone:(###) ###-####/p>

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.

Thanks again.