Real estate left with no Will and biological child

My wife passed away 2 years ago. She did not have a Will. The property was in her name only. Per probate, the residence was left as 50/50 with her son my stepson I have been the legal resident and provider for the house even prior to him turning 18. He now believes that he can come to the house whenever he chooses and do what he wants there without my permission. Do I have any rights as the resident to not allow this?

Asked on July 16, 2018 under Real Estate Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Actually, you don't have any additional rights regarding the property merely because you reside there. So long as both of you legally co-own the property, you both have equal rights to possession. If this is not acceptable to you, you can sell the property if it comes down to it.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Actually, you don't have any additional rights regarding the property merely because you reside there. So long as both of you legally co-own the property, you both have equal rights to possession. If this is not acceptable to you, you can sell the property if it comes down to it.


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