Does a spouse have to buy heirs of an estate their portion at the time an estate is probated?

Question

My daughter's husband dies, without a will. Their is a minor child involved. He also has 2 other children by a previous marriage. Does she have to pay them their share of the house when the will is probated? If so, at what rate. We live in the state of S.C.

Answer 1

She should contact a probate attorney, every state is different. Some states without a will everything automatically goes to the wife, some it has to be divided.

Answer 2

Unless his will left some of the assets (like the house) to the children, she inherits full interest in the house-- especially if she's already on title, in which case its sort of "automatic" if she's listed jointly with his.

If he willed the house equally to her and children, then they inherit an interst in the house. It's up to them whether or not they want to sell their interest or keep it-- they dont have to sell out at all if they dont want to. The "rate" depends upon how it was worded (1/2 to my wife and 1/2 to my three children would mean each child owns 1/6 interest....)... she owes them the amount he willed to them. She would have to reifnance to pay them off.

Answer 3

you probably want to speak to an estate lawyer

somethings to think about, what type of deed is on the house, if bought while married it may not pass threw probate

another thing his estate will have obligation not only to your daughter's child until 18 but equally obligation toward the other two children

Answer 4

Depends on how title to the house was held & the laws of their state. Unless there's a SC lawyer on this board no one here has that information.

Answer 5

No. His estate will go to his current wife. If the court orders something else, then that is what you will have to do.