State Specific Question About: SOUTH CAROLINA (SC)

Another vote for "go to the title company and have it done correctly."

End-of-life stuff is always difficult. Things might be fine for now, but when the remaining sibling wants to do something with the house, whether or not it was transferred legally/correctly/thoroughly will make a huge difference.

There have been houses we haven't bought because the heirs weren't willing to probate the will correctly. Everyone knew, "These people are the children of X, and X left the house to them---" but as far as the appraisal district and the State of Texas were concerned, the house was still owned by their deceased parent.

Or the existence of other children/heirs, especially if the parent died without a will.

Eventually, an attorney will have to go through and talk to everyone who knew the parent during life, and get them to swear--- no, there were no other marriages; no, there were no children of other marriages; no, there were no illegitimate children; etc, etc, etc.

But the further in time you get from people who knew them during their life--- and as the heirs themselves (known and unknown) pass on and their share of the estate gets further fragmented amongst their own offspring--- it gets more and more complicated.

The answer is yes.

It sounds like YOU are the one wanting to buy out your two siblings and have them each give you a Quit Claim Deed. No reason that won't work. I'd probably have a Title Company do it, though, for two reasons:

1) If they screw something up, they're on the hook.

2) It's relatively cheap.

My Title Co. would do a deed for each person for about $50, and that would include recording the Deed. Add on maybe $100 for a title search. $200 is chump change. Do it.

The most common error I've seen is not getting the legal description of the property correct. You can't always trust the most recent deed: it may have errors. The Title Co should be able to quickly search the entire history of the parcel to ensure there are no mess ups and/or to make corrections if needed.

I say it in almost every post I see like this. NO. If you are paying money, you do not want a Quit Claim Deed... you need a warranty deed.

How are they inheriting it? If it is a jointly held property with the deceased, it would work at least it would in Penna. If not, you have to probate the estate and the appointed representative has to do an administrator's or executor's deed. If you have a family settlement agreement made you may be able to put the property directly into the name of the sibling that wants it. Or, you may have to have the rep deed it to all 3 and then 2 do quit claims to the third.