Legal Question in Real Estate Law in South Carolina

Decion making heirs

My extended family is involved in a situation involving heirs property. We are in the process of forming a LLC to clear the title. Who are the primary members of the LLC?. Can inlaws who are not direct heirs be a part of the decision making board? These are people married into the family but the direct heirs of the family are still living. Please give information on whetehr or not they have any rights in the matter as of now. For example. a person is married to my son . I am a direct heir. Does my daughter in law have any right to represent the interst of the family. The family includes six main heirs who are all deceased. We are trying to resolve the situation but is always sidelined by one or two inlaws whose husbands are not hiers yet because their parents are still living. Help us by giving your insight into this matter. Who are the heirs that cdan make dcisions?


Asked on 7/30/04, 4:01 am

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: Decion making heirs

I am located in Beaufort County; we have many parcels of land which have had and need title clearance. Before now, I have not run into the procedure of forming an LLC to clear title to heirs property. In what county is the property located?

An LLC is a Limited Liability Company. It has members or share holders. An LLC could be drawn up in such a manner that an heir would not have any say so in what is done.

Does my daughter in law have any right to represent the interest of the family?

If your daughter-in-law is a member of the LLC her participation may be spelled out according to an operating agreement or management agreement.

Who are the heirs that can make decisions?

The ususual procedure is for one or more of the heirs to go to an attorney for a formal determination of the true owners of the property. A suit is brought making all known possible heirs parties to the title clearance suit. Each of them must be served and kept informed as to the suit progress. The heirs inherit according to a State Statute known as the Statute of "Descent and Distribution." If a child of a deceased heir dies before the action is begun, his or her children will divide the share. A wife or husband of a surviving heir does not have a share. Why is it necessary to form an LLC to bring a quiet title action? It is possible for an heir to lose a right to make decisions in the law suit if rights are transferred into the LLC.

Have you considered going to an attorney yourself. You could bring the "quiet title action" and "partition action" to partition the property into parcels, if practical, or sell the property and divide the funds, after payment of attorney fees and costs, between the determined heirs according to their interests. Other heirs are not required to give any consent to your bringing the law suit and you will not have the expense of forming an LLC.

The LLC idea is so different, you need to consult your own lawyer. Since his job is to represent your best interest, you will then be sure that you are not being taken advantage of. The idea is totaly new to me and I do not see where it is of any advantage to you. Go see a lawyer!

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Answered on 8/01/04, 11:22 am

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