We live in in SC. My mother, who died unexpectedly and without a will, was on the title of our house with my husband and myself. Because she died without a will we have had to go through probate. I have two brothers and a sister, all in different states, who have no desire to have any ownership or interest in our house. We are now at the point of deed of distribution. Do all of their names have to be placed on the new deed, or can something be filed with the deed that reflects that they do not want any claim on the house. We want to get the title in our two names, particularly because we have a disabled son and if something should happen to us we don't want things to be very complicated for him and his sister. Do my sibling have to go on the deed of distribution and then be removed via something like a quitclaim, or is there some kind of disclaimer that can be filed with the deed of distribution? Thanks for any help you can give!
This was my grand Mother who died and wanted me the grandson to have her home, my grand mother had children which have all died that leave no one but me the grand child.
You need to consult with legal counsel in South Carolina. However, you may want to explore with him something called a "qualified disclaimer." Using such a disclaimer may allow your siblings to give up their ownership interests before you file any deed for the property. This disclaimer has the impact of the disclaimer party predeceasing the decedent for all purposes. The tricky part here is that you must check the intestate laws in your state to see if any of their descendants woud take their share. If so, they must disclaim also. This needs to be explored with an attorney.
In the alternative, you could explore your siblings making gifts of their interests to you and your husband.
Finally, be aware that the qualified disclaimer rules are detailed and complicated and there are time limits involved in their usage.
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