My mother lives in South Carolina and she owns her house. She refuses to make a will and it is unclear what will happen to her property upon her death. Who will inherit the house? Does the state reclaim it?

It will be divided among her legal heirs according to South Carolina law IF there are no liens against it (for example, for nursing home care).

Does she have a living spouse? Living children? Grandchildren are not involved when there are any living children.

Quote:

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SECTION 62-2-103. Share of heirs other than surviving spouse.
The part of the intestate estate not passing to the surviving spouse under Section 62-2-102, or the entire estate if there is no surviving spouse, passes as follows:

(1) to the issue of the decedent: if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree then those of more remote degree take by representation;

(2) if there is no surviving issue, to his parent or parents equally;

(3) if there is no surviving issue or parent, to the issue of the parents or either of them by representation
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S.C. Code of Laws Title 62 Disclaime The South Carolina Legislative Council Is Offering Access To The Unannotated South Carolina Code Of - www.scstatehouse.gov-LPITS

Thank you both so much for your reply. My mom is a widow and she has three children. I unfortunately have some greedy relatives (not siblings) that are trying to get her to sign her house away to one of them upon her death.

You cannot control how she writes her Will - the State will control the distribution of her assets if she dies without a Will (intestate).

It is somewhat comforting to know the state will control the matter of the house.

My mom however is battling with relatives that surround her when she is sick and try to trick her into signing away things that she has no desire to sign away. Everyone is entitled to do what they want with their own belongings.

Some of these people have threatened to break into her house the moment they find out she has passed away. These are in no way legal matters but I thank you again for your advice.