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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42302
Experience:  30 years in civil, probate, real estate, elder law
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IS THERE A LEGAL FORM I CAN SEND, OR DO I NEED AN ATTORNEY:

Customer Question

IS THERE A LEGAL FORM I CAN SEND, OR DO I NEED AN ATTORNEY: I NEED TO HAVE MY 3 BROTHERS TO RELINQUISH THEIR INTEREST IN THE ESTATE, SO I CAN HAVE MY NAME PUT ON THE DEED AND FILE FOR HOMESTEAD. MY FATHER DIED IN 2011. MY BROTHERS HAVE SHOWN NO INTEREST IN THE ESTATE AND MADE NO EFFORT TO HELP PAY TAXES OR REPAIRS ON THE PROPERTY. THANKS FOR YOUR HELP.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: SPARTANBURG, SOUTH CAROLINA
JA: Has anything been filed or reported?
Customer: WHAT DOES "anything been filed or reported" MEAN?
JA: Anything else you want the lawyer to know before I connect you?
Customer: ONLY THAT I HAVE BEEN ADVISED BY ATTORNEY S NOT TO PROBATE UNTIL 10 YEARS AND 1 DAY AFTER DATE OF DEATH.
Submitted: 4 months ago.
Category: Legal
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 4 months ago.

They can quitclaim their interest to you in the property.If they do this and you record them you are able to file probate now rather than later.It would eliminate any interest they have in the property here.This would be a good way to shorten the time frame needed to claim the land here.

Free quit claim forms

http://www.jaspercountysc.org/_fileuploads/quitclaimdeed.pdf

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 4 months ago.
Do you mean I would still have to probate the estate?
Customer: replied 4 months ago.
I AM ON DISABILITY. IF I COULD AFFORD TO PAY AN ATTORNEY, I WOULD NOT NEED YOUR WEBSITE. THANKS ANYWAY
Expert:  Ray replied 4 months ago.

Yes but the other heirs have waived their claims to the land.Here the reason the lawyer told you to wait was because you could claim adverse possession after the 10 years, here if they will quit claim their interest you can claim it sooner.But you need probate here, the personal representative would deed the property to you and you have complete title.This will be a fiduciary deed.It may be yourself as PR deeding it to yourself individually as sole heir since the others quit claimed it.This is how you get clear and complete title here.

Thanks for the follow up.