Who will get my Dads estate

UPDATED: Oct 1, 2022

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Who will get my Dads estate

My Dad paid my uncle for a mobile home, land and a truck,
I have the title to the truck and the deed. My uncle has the
title to the trailer. I have all records where my Dad paid him.

Asked on January 28, 2019 under Estate Planning, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there was no will and you have no siblings, and your father was not married when he passed away, the things titled to him will go to you--when there is only one child, no spouse, and no will, the child inherits. You could also, if you are appointed the personal representative of the estate by the probate court (you would have to apply to the court for this role), and if you can, as you indicate, prove that your father paid your uncle for the trailer, sue your uncle on behalf of your father's estate for title to the trailer. After the estate gets the trailer, you would then inherit it.

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