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What is the heir property laws in south carolina?

I am a grandchild who wants to put a mobile home on the property..I have consent from all surviving heirs but one heir is giving me trouble..can I still proceed?

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi clthompkins,

If all the heirs do not give their consent to your plan, then you won't be able to put the mobile home on the property. In my opinion, you should try to buy out the heir by giving him/her a certain amount. You can ask the heir to transfer his/her share of the property to you. Once the property is transferred in your name, you will be able to put the mobile home on the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother and her 4 siblings just found out that they are heirs to some property. Their mother has been deceased for 2+ yrs and did know of the property before she died. She left the youngest sibling over her will and thus in such has told my mom that since he was over their moms will therefore he will be over the money once the property is sold and HE will divide the money amongst his siblings ....Is this true or should my mother consult an attorney?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Dimples,

If will mentions that the youngest sibling should get the whole property, then he or she is the sole heir to the property. Others won't be able to get any share from the property. Your mother can contact an attorney who will help your mother as well as her siblings in the probate process.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We are currently paying taxes on heirs property. There are 8 families involved. For the past few years, 7 of the families have been paying the taxes together. The 8th family member responsible for paying her deceased father's share of the taxes, has not paid anything. When the property is sold, will she be able to get a share of the money or can we exclude her?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Wind,

As the heir of her father, the person who is not paying the taxes can claim her share of the sale proceeds.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

An uncle had timber cut from 50 acres of Heirs Property and garnered all proceeds. What can I do?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi RobertG!

Welcome to forums!

If you're one of the heirs to the property, then you can ask your uncle to give you a certain portion from the sale proceeds. You may even take legal actions against your uncle in order to get back your share.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

there are 7 sibling that are still living and a grand wants to go to court to sell the land without the consent of the siblings. this person parent is deceased. Can a judge do this.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

If there are other owners to the property, then all off them will have to agree to it in order to sell off the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If there are other owners to the property and they don't want anything to do with the property and property taxes was paid by someone in the family, who is the rightful owner

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi alice,

The persons whose names are mentioned on the property will be considered as the rightful owner. If they don't want to retain the property, then they can sign a quitclaim deed and transfer the property to someone else.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

4 children were born. 1 child is now deceased. Does his children become heirs to their grandmothers property

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Shirley,

They may become heirs to the property of their grandparents. However, it is better to contact a real estate attorney and take his opinion in this matter.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mother is now deceased who has paid property tax on the land since 1988. her long lost brother is now back in town and is claiming part of the land..He's threathing to move not only on the land but he's also trying to move into her house. My older brother has lived with my mother all these years. Can you please advise on what steps to take next?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother is now deceased, she has paid property tax on her portion of the land since 1988 . Her long lost brother came back after her death wanting to build on a piece of her land,he has never given her a dime he also believe he has the right to move into her home which my older brother shared with her. What advise can you give my brother and myself ?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi goldie,

Your brother will be considered as one of the heirs to the property and may claim his heirship. However, if your mother has left back a will not mentioning him as one of the heirs, then he won't be able to claim any heirship.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My grand uncle and his wife own property. They had no children, but he had siblings. One of his sibling died 12 years before him. Since that sibling did not live to inherit his portion of the brothers property. Will his grandchildren be entitle to any portion of the brothers property?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Thelma!

Welcome to forums!

If that sibling's name was not included in the property deed, then his grandchildren may not receive a share from that property. Nevertheless, it will be better if your grand uncle and his wife consult a real estate attorney and take his opinion in this matter.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If the title shows three owners from heir property and one wants to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the property, does all parties on the title need to sign or give written permission to refinance?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Curious,

As far as I know, all the parties will have to give the permission to refinance the loan. Unless, all the parties agree, I don't think the refinance will take place.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father has been paying taxes on my grandfathers land since he past away in 1985. He missed the 10 year window to get the docs switch in his name and now the property states "heirs of". What does he need to do to get the land switched in his name or is it too late?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi ta,

Your father should try filing an affidavit of heirship at the county recorder's office and get the property transferred in his name. Your father can even contact a real estate attorney and take his opinion in this matter.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My siblings and I discoverd that our names are on over 80 acres of land and a house in South Carolina. We discovered that an uncle was receiving farming proceeds throughout the year. He recently passed away NOW my aunt is taking over. She does not know we know this information. How can we legally receive what belongs to us??

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sandra,

If your siblings and your names are mentioned on the property deed, then you will have the rights to claim the farming proceeds. You can contact an attorney and send your aunt a legal notice in this regard.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can I sell my 17 acres. 5 family members received an individual portion of 78 acres of land, we each pay taxes on our portion labled heir property. I have been told that I cannot sell my portion, that I pay taxes on, without consent of the other owners of the original property. Is this true?
If this is true, can i donate my property to the state of SC and use it as a tax write-off?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi joan!

Welcome to forums!

A real estate attorney will better help you know whether or not you can donate the heir property to the state of SC and use it as a tax write-off.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

In SC if there are 4 heirs and three want to sell the heirs land, does the 4th heir have to sign to sell or can the other heirs set aside the 4th heirs property and sell the rest?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

HI Faybuz,

Unless the 4th heir agrees to sell off the property and signs the deed, the property won't be sold off.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

About 13 yrs. ago my grandad allowed me to move my mobile home on some of his property. A few years later, he sold the property to my dad... cash paid, no receipt... my dad had problems getting the property surveyed because he was told that there was no legal access to and from the property; so it was never put in his name. Grandad passed in 2006; he had no Will. My dad has 5 siblings, 2 of which thinks they own everything and tries to control everything... They all pay their equal share in taxes. Is there a chance of my dad being able to get the property that my home sits on? I know it's considered heirs property.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to forums!

Your father should immediately get in touch with the real estate attorney and discuss the matter with him. If your father has the sale agreement, then that may be helpful for him to claim the property.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if uncle sales a timberwood n only give those that paid taxes is that wrong n what can those who didnt get money for not paying taxes do isnt that neglect of ownership

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi crazy!

Welcome to forums!

If the heirs are not paying their taxes, then it is definitely a neglect of ownership.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

both parents are dead ,one child kept the taxes paid and now we are ready to split the land but 2 of the 5 children dont want anything to do with the land they want their nieces and nephews to have it. how do we do that. 8)

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi BOBBIE!

Welcome to forums!

You're in a complicated situation. It will be better if you could get in touch with a real estate attorney and take his help in this regard.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My great-grandfather had left land as heirs property. What we understand is that we cannot do anything with the land. We live in South Carolina. Can heir property be broken, if so how?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Ronay,

The land may be subdivided. In order to do so, you will have to contact your county’s planning and development office for information regarding rules and regulations.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father has been paying the taxes on my grandmothers property since her death in 1984, and it is not until my uncle who resided there died have the family now claimed it as heir property what is his legal rights. Is he allowed to get the monies paid for taxes off the top should they all agree to sell the property

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Andrea!

Welcome to the forums!

Your father is also one of the heirs to that property. So, he will have his claim to the property. He can claim a higher share because he has paid for the taxes. However, it will depend upon his siblings as to how the property will be divided.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

scernario: 1.husband is heir to father's propertyv 2.if husband dies is the wife now heir to that property? 3.can husband leave property to wife, even thought he has 4 children ? property is in SC

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome joany,

The wife will be considered as one of the heir's to the deceased husband's property. If the husband wishes, he can draft a will and leave the whole property to the wife irrespective of his 4 children.

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