My father was in house 25 before he remarried and he died 5 years later. What is his spouse entitled to.

Asked about 1 year ago - Spartanburg, SC

2 children from previous marriage, none from second marriage.

Attorney answers (2)

  1. William James Lalima

    Contributor Level 7

    Answered . It depends on how the property was titled and if he had a will or other estate planning documents. If he owned the house 100% and if he died without a will, in SC the estate is devided 50/50 with 50% to his spouse at the time of death and 50% to his surviving children.

    I DO NOT REPRESENT YOU. The information is provided as general educational information and is not intend for you... more
  2. Ruth Elaine McMahon

    Contributor Level 18
    Best Answer
    chosen by asker

    Answered . It depends on several factors: was there a prenuptial agreement that would control? If not, was there a will? Were there joint accounts with right of survivorship? Was there "exempt property?" If there was no will, what is the law re "intestate succession" (without a will) in the state where your father died?
    I suggest that you contact an estate administration / probate attorney for a definite answer. All of the answers to the above questions will have to be considered for a final answer.

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