If my brother died a few months ago without a Will, who is entitled to his estate?

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If my brother died a few months ago without a Will, who is entitled to his estate?

His estate is in probate and there was no spouse or children but there are 3 siblings. His car is paid off but is in the name of him and his ex wife. She feels that the car is hers. I think half of it belongs to the estate. How should this be handled?

Asked on May 26, 2013 under Estate Planning, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this matter, since title to the car is in the name of the ex-wife she may end up with the entire vehicle if title was as joint tenancy. As to the balance of the estate, if there are no parents, then the three siblings share equally under your state's intestacy laws.


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