What are my cousin’s rights to his father’s estate?

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What are my cousin’s rights to his father’s estate?

My uncle died 4 years ago and has a son. My aunt which is my uncle’s sister was his beneficiary. He does not have a Will and did not leave his land for anyone. My aunt has the deed and keys to his home and has been paying the property taxes on it since my uncle passed. His son just recently went to her and said that he wanted the property and he spoke with a lawyer that says he has a right to all those things. She also has his death certificate. What can she do to keep the property?

Asked on October 15, 2012 under Estate Planning, South Carolina

Answers:

David Axinn / David M Axinn

Answered 9 years ago | Contributor

I am not sure what you mean by "beneficiary", unless you are talking about a life insurance policy. If your Uncle died without a will, his child or children would inherit his property. I will assume she wasn't on the deed to start with.

Your cousin should file paperwork to become administrator of his father's estate, and then can take possession of the house. If necessary, he could file a legal action against her.


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