dieing with out a will in south carolina.who is the airs of the house and personal property?

Question

one brother living,nieces of dead brothers and sisters.

Answer 1

The living brother will inherit first (by the way, he is an "heir" not an "air"), however, if there are debts owed by the decedent, the property will go into probate and the debts will be settled first.

Answer 2

When a person dies without a will, they die intestate. Intestate succession generally goes as follows:

A spouse has first priority, and will take a 1/3 interest or a child's share, whichever is more. (If there is only one child, the spouse will get a 1/2 interest; if there are three children, the spouse will get a 1/3 share and the remaining 2/3 will be divided between the children). If there is no spouse, the children will each get equal shares. If there are no children, the parents will inherit. If there is no spouse, children or parents, the brothers and sisters will take equal shares. If there is no spouse, children, parents or brothers and sisters, the nieces and nephews will take equal shares. If none of the above relatives exist at the time of death, the property will escheat to the State of South Carolina.

Answer 3

The estate goes to probate, and lawyers will get the bulk of it before it is finished. The only true heir is the full brother, as you have stated the line of succession above. Nieces, etc. have no claim, only the brother. But, there probably will be nothing left after all the legal expenses..only lawyers win in situations like this.

Answer 4

You need to look up the laws of "intestate succession" in your state.

Best guess: based on what I know about other states, the property will be divided based on the number of siblings, living and dead. So if three siblings, then each living sibling gets 1/3, and the children of the dead sibling split that sibling's 1/3 share.

Answer 5

If someone dies in South Carolina with out a will everything is turned over to the Estate. I know I went through that when my brother past away. You will have to go through Probate Court to get everything taken care of. You can contact your local Probate Judge to get things started. I hope this information helps.

Answer 6

From the information provided, the brother would inherit as an heir at law (not "airs"). and the children of his brothers and sisters would inherit the share of their parent. "Nieces" of brothers and sisters mnight or might not.

http://www.scstatehouse.net/code/t62c002.htm

Answer 7

Not very sure. Going to check for you. Coming right back.

By the way tell you some jokes, and the jokes goes:

-Doctor! I have a serious problem, I can never remember what i just said.
-When did you first notice this problem?
-What problem?

One more joke:

A guy calls his vet and says "What should I do with my cat?Vet says "What do you mean? Guy says "I had a leak in my lawnmowers gas tank and the cat drank the gas. Then the cat began to run around and around the yard, climbed a tree. then fell out of the tree stiff. Vet says "Is the cat dead? Guy replies "nope he ran out of gas.

Answer 8

The traditional heir of the household would be the first born son, or first born child (Oldest child). There are, however, lawyers who can help you sort out your will (For a fee, of course :( ...), and they'll know the proper laws of your state, etc.

Answer 9

The estate is probated my a judge who will decide who the "heir" is and who gets what.

Answer 10

depends on your state "estate" laws. just because you are the only living relative, doesn't mean you will get any property.