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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

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.

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


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 Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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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 legal advice you have to retain your own attorney.

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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 . Forbes Findlaw Google + 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-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at <>.

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