Skip to main content

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

Spartanburg, SC |

2 children from previous marriage, none from second marriage.

Attorney Answers 2


  1. Best answer

    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.


  2. 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 to act on as legal advice. The only LEGAL ADVICE is for you to seek representation! Keep in mind the statute of limitations in SC may be a short as 1 year. Most cases have a 3 year statute of limitations, suits against the state, defamation cases, workers compensation and some other cases have a 2 year statute of limitations. Some cases under § 15-3-560 have a ONE YEAR statute of limitations. Do not sit on your rights.

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics