What to odo if I am personal rep for mylate brother’s estate and he died with no Will?

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What to odo if I am personal rep for mylate brother’s estate and he died with no Will?

His estate is in probate. The title to his car is in his ex-wife’s and his names. The ex wants the car and says that since he is dead she now owns it. I say that she owns half the car and the estate owns half. What is the law?

Asked on May 27, 2013 under Estate Planning, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the car is in both of their names with right of survivorship, it is her car and hers alone. It does not belong to the estate and should not be probated. Same with bank accounts and insurance policies. If there are beneficiaries, it goes to them automatically or co-owners of the account, it goes to that person.  The only items that should be probated are items that pass intestate and not outside of the probate code.


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