My uncle owned 1/3 of property in GREENVILLE sc with me he shared in paying expenses now he is deceased aunt doesn't want anything to do with property since it's in need of major repair from hurricane she wants his name removed to eliminate liability. Can Greenville sc property be transferred outside of probate to remove my uncle name. Can a lien be placed on the estate in hinesville ga for non reimbursed of sc property taxes n repair. Trying to get a loan to get all repairs done asap. Thanks for any advice I live in Greenville sc
Your post lacks a lot of information needed to answer you butyour aunt is probably the person who will need to be seeing lawyers. Since you jointly own property you likely need a separate lawyer to review your interests. Unless property is jointlu titled with survivorship rights, generally it will require probate, and if there are assets in two states that likely means two separate probates. Regardless of the details, this is not a do it yourself project. Your aunt needs to talk to a SC and GA lawyer and you will need to do the same.
If my answer does help you, please consider marking it helpful, or a best answer. In answering your question I am basing my answer on the limited information here, and more information is likely needed to properly and fully answer, but hopefully the answer helps. Please know that in answering I am not your lawyer and am only providing general information. To retain a lawyer you need to enter into a written retainer with the lawyer (and you have not hired me simply because I answered something here). AVVO has useful tools to contact the lawyers you see on AVVO. Please be aware I am licensed only in Georgia, so an answer in another state may be different. You should not rely on online questions as a final legal answer or a "how to" and need to sit down with a lawyer to get an answer to safely rely on. Many legal cases have vital deadlines that you may miss with delay, so please be aware of that. Now here's the "legalese" we lawyers need to add: Please do not construe anything here to make you a client of Glen Ashman. Any information in this communication is for discussion purposes only, and is not offered as legal advice (and only applies in Georgia). There is no right to rely on the information contained in this answer and no attorney-client relationship is formed. Nothing here is tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. If the contents of this answer discuss debts or bankruptcy, this office is required to advise the recipient that the US Congress has designated our office as a debt relief agency that assists people in filing bankruptcy.
There are different ways to own property. A jointly held property avoids probate and title goes equally to the surviving owners. If the deed reads to A, B, and C as joint tenants, then you are now automatically a 1/2 owner. A property held as tenants in common does not avoid probate. Your uncle's interest passes under the direction of his will, or if he didn't have one under the law of intestacy of his residence. Your aunt may be the new owner of the 1/3 interest and will need to probate the estate.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
If your aunt has no plans to open an estate in GA, you may be able to open an estate in SC for the purpose of transferring hour uncle's ownership to you. You can claim against his SC property for any money he owes you. Hopefully your aunt will disclaim any interest in the property or give you your uncle's interest in the property.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline