Would i have to sell my home and car to give surviving kids their half of what my husband and i had together because thats a we

Asked almost 2 years ago - Laurens, SC

we have almost 3 acres of land ,a boat and a truck and thats all that i would have to go to probate with.

Additional information

there is no will.we just always wanted the surviving spouse to have everything if one died.the land is titled in both our names. can they take this from me

Attorney answers (3)

  1. Lloyd Wayne Patterson

    Contributor Level 14

    4

    Lawyers agree

    Answered . It depends on how the land and other assets are titled and whether there is a will or not. The surviving spouse is entitled to a minimum of one third of the estate regardless. If the asset is held in both names with the right of survivorship, then the property is yours by operation of law and does not have to be probated. You may want to call the Laurens County Probate court and make an appointment with the clerk. She can give you all the forms and instructions. The procedure is fairly simple and you should be able to handle it without an attorney unless the land is in his sole name. In that event you probably should contact a probate attorney.

    This answer is for general advice. It is not legal advice and does not create an attorney client relationship. For... more
  2. Evan Kyle Guthrie

    Contributor Level 15

    3

    Lawyers agree

    Answered . Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The
    The children would be entitled to half of all probate assets in this situation. You may have to sell assets to divide up the total assets among all the heirs. The only way for the children to not get their share of the probate estate is for them to sign a disclaimer giving up their share which they are under no obligation to do. An estate settlement might be another option. A probate lawyer can help with more options

    Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Forbes http://blogs.forbes.com/people/evanguthrielawfirm/ Findlaw http://pview.findlaw.com/view/4647185_1 Google + https://plus.google.com/108042079486614265662/a... Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-... more
  3. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You do not provide much information. Is there a Will or trust? How are the assets titled? You should consult with a probate lawyer to help you determine how best to proceed.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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