My mother remarried 4 years ago in the state of South Carolina. My mother (75 years old) and I are interested in purchasing a house together but would like to know in the event of her death would her husband be entitled to half of the house that we plan to purchased together? In the event of his and her death would his children be entitled to half of the house or would the house be solely mine?
1
January 26, 2012
Steven Daily: ...
This is a complex area of estate planning law, and has changed recently with a 2010 law amending South Carolina's probate code. The key provision is section 62-2-201: http://www.lawserver.com/law/s..._62-2-201
It was amended in 2010 here: http://www.scstatehouse.gov/sess118_2009-2010/bills/372.htm
While I am not a South Carolina attorney, my reading of the S.C. law is that if your mother dies before you, your mother's husband would not be able to claim any rights to the house, nor would his children if he were deceased. On your mother's death, title would pass to you alone. On the other hand, if you predecease your mother, she takes full title, and her husband or his children could inherit the home, either by will, through intestacy if she had no will, or through her husband taking an elective share.
Joint tenancy is problematic for this reason and several other reasons as well. It would be best to discuss this with a local estate planning attorney who might be able to devise a better plan for handling the home.
2
February 01, 2012
jessa: ...
I've owned my property for 10 years prior to my marriage of two years. Does this mean my property (land) is going to be included and possibly divided between my spouse and I?
3
November 29, 2012
Tabby: ...
my husband has a will that leaves our home to his children, if he dies before me, does the will stand that they inherit the home, leaving me homeless?
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