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What is the heir property laws in south carolina?

Posted on: 17th Aug, 2009 11:53 am
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?
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.

Posted on: 31st Jul, 2011 09:44 pm
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?
Posted on: 29th Sep, 2011 04:17 pm
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.

Posted on: 29th Sep, 2011 10:57 pm
if the title shows three owners from heir property and one wants to refinance the property, does all parties on the title need to sign or give written permission to refinance?
Posted on: 06th Oct, 2011 02:42 pm
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.
Posted on: 06th Oct, 2011 11:19 pm
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?
Posted on: 15th Feb, 2012 01:03 pm
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.
Posted on: 16th Feb, 2012 11:35 pm
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??
Posted on: 03rd May, 2012 09:00 am
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.

Posted on: 03rd May, 2012 10:25 pm
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?
Posted on: 25th Jul, 2012 08:06 pm
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.

Posted on: 26th Jul, 2012 12:15 am
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?
Posted on: 22nd Jan, 2013 06:08 pm
HI Faybuz,

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

Posted on: 22nd Jan, 2013 08:28 pm
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.
Posted on: 28th Jan, 2013 07:01 pm
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.

Posted on: 28th Jan, 2013 09:24 pm
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